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REPORT

U/s 21 (4)

OF

THE SCHEDULED CASTES AND THE

SCHEDULED TRIBES (PREVENTION

OF ATROCITIES) ACT, 1989,

FOR THE YEAR 2016

GOVERNMENT OF INDIA

MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT

http://en.wikipedia.org/wiki/File:Emblem_of_India.svg

CONTENTS

CHAPTER NO.

TITLE PAGE NO.

1 INTRODUCTION

1-6

2 STRUCTURES AND MECHANISMS ESTABLISHED FOR IMPLEMENTATION OF THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989.

7-14

3 ACTION BY THE POLICE AND THE COURTS IN CASES REGISTERED UNDER THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989, DURING 2016

15-20

4. MEASURES TAKEN BY THE GOVERNMENT OF INDIA 21-29 5. MEASURES TAKEN BY THE STATE GOVERNMENTS

AND UNION TERRITORY ADMINISTRATIONS 30-140

STATE GOVERNMENTS

5.1 ANDHRA PRADESH 30-34

5.2 ARUNACHAL PRADESH 35

5.3 ASSAM 36-37

5.4 BIHAR 38-41

5.5 CHHATTISGARH 42-45

5.6 GOA 46-48

5.7 GUJARAT 49-54

5.8 HARYANA 55-57

5.9. HIMACHAL PRADESH 58-61

5.10.JHARKHAND 62-64

5.11 KARNATAKA 65-69

5.12 KERALA 70-73

5.13 MADHYA PRADESH 74-78

5.14 MAHARASHTRA 79-81

5.15 MEGHALAYA 82-83

5.16 MIZORAM 84

5.17 ODISHA 85-92

5.18 PUNJAB 93-96

5.19 RAJASTHAN 97-100

5.20 SIKKIM 101-102

5.21 TAMIL NADU 103-108

5.22 TELANGANA 109-112

5.23 TRIPURA 113-115

5.24 UTTAR PRADESH 116-119

5.25 UTTARAKHAND 120-122

5.26 WEST BENGAL 123-126

UNION TERRITORY ADMINISTRATIONS

5.27 ANDAMAN & NICOBAR ISLANDS 127-129

5.28 CHANDIGARH 130-131

5.29 DADRA & NAGAR HAVELI 132-133

5.30 NATIONAL CAPITAL TERRITORY OF DELHI 134-135

5.31 LAKSHAWDEEP 136

5.32 PUDUCHERRY 137-139

5.33 OTHER STATE GOVERNMENTS/UNION TERRITORY ADMINISTRATIONS

140

ANNEXURES I EXTRACT OF SECTION 3 OF THE SCHEDULED

CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989.

141-146

II - A & B STATE-WISE NUMBER OF CASES REGISTERED WITH POLICE AND THEIR DISPOSAL DURING THE YEAR,

2016.

147-148

III -A & B STATE-WISE NUMBER OF CASES WITH COURTS AND THEIR DISPOSAL DURING THE YEAR, 2016.

149-150

IV DETAILS OF CENTRAL ASSISTANCE RELEASED TO STATES/UNION TERRITORY ADMINISTRATIONS DURING 2016-2017.

151

V OFFICE MEMORANDUM, DATED 29.03.2006 OF THE MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT REGARDING CONSTITUTION OF A COMMITTEE TO REVIEW IMPLEMENTATION OF PCR AND PoA ACTS.

152-153

VI OFFICE MEMORANDUM, DATED 11.04.2011 OF THE MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT REGARDING COMMITTEE CONSTITUTED FOR EFFECTIVE COORDINATION TO DEVISE WAYS AND MEANS TO CURB OFFENCES OF UNTOUCHABILITY AND ATROCITES AGAINST SCHEDULED CASTES/SCHEDULED TRIBES AND EFFECTIVE IMPLEMENTATION OF THE PCR AND PoA ACTS

154-155

VII OFFICE MEMORANDUM, DATED 03.06.2011 OF THE MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT REGARDING COMMITTEE CONSTITUTED FOR EFFECTIVE COORDINATION TO DEVISE WAYS AND MEANS TO CURB OFFENCES OF UNTOUCHABILITY AND ATROCITIES AGAINST SCHEDULED CASTES/SCHEDULED TRIBES AND EFFECTIVE

IMPLEMENTATION OF THE PCR ACT, 1955 AND THE PoA ACT, 1989.

156-157

CHAPTER 1

INTRODUCTION

1.1 THE SCHEDULED CASTES AND THE SCHEDULED

TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 AND THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) RULES, 1995.

The Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (No.33 of 1989) (hereinafter referred as ' PoA ' Act)

came into force with effect from 30.01.1990. This legislation aims at

preventing commission of offences by persons other than Scheduled

Castes and Scheduled Tribes against members of Scheduled Castes (SCs)

and Scheduled Tribes (STs) to provide for Special Courts for trial of such

offences and for relief and rehabilitation of the victims of such offences.

The PoA Act extends to whole of India except the State of Jammu and

Kashmir. With an objective to deliver members of SCs and STs, a greater

justice, the PoA Act has been amended by the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (No.1 of

2016), notified in the Gazette of India Extraordinary on 01.01.2016 and

enforced with effect from 26.01.2016. The amendments broadly relate to

rephrasing and expansion of some of earlier offences and addition of

several new offences, addition of certain IPC offences attracting less than

ten years of imprisonment committed against members of SCs and STs, as

offences punishable under the PoA Act, establishment of Exclusive Special

Courts and specification of Exclusive Special Public Prosecutors to

exclusively try the offences under the PoA Act to enable expeditious

disposal of cases, power of Special Courts and Exclusive Special Courts to

take direct cognizance of offence and as far as possible, completion of trial

of the case within two months from the date of filing of the charge sheet,

addition of chapter on the ‘Rights of Victims and Witnesses’ and wilful

negligence of a public servant in discharging duties for registration of

complaints, recording statement of witnesses, conducting investigation

and filing charges and any other duties specified in the Act and Rules. The

PoA Act is implemented by the respective State Governments and Union

Territory Administrations, which are provided admissible Central

assistance under the Centrally Sponsored Scheme for effective

implementation of the provisions of the Act.

Main provisions of the PoA Act are as under: -

(i) Defines offences of atrocities and prescribes punishment

therefor, (Section 3). (ii) Punishment for wilful neglect of duties by non-SC/ST public

servants (Section 4).

(iii) Establishing an Exclusive Special Court for one or more districts, specifying Court of Session to be a Special Court for speedy trial

of offences under the Act. Powers of these Courts to take direct cognizance of offences under the Act, duty of the State Government to establish adequate number of Courts to ensure

that cases under the Act are disposed of within a period of two months as far as possible (Section 14).

(iv) An appeal against judgment of Special Court or an Exclusive Special Court to the High Court (Section 14A).

(v) Appointment of Exclusive Special Public Prosecutors and Special

Public Prosecutors for conducting cases in Exclusive Special Courts and Special Courts (Section 15).

(vi) Rights of Victims and Witnesses (Section 15A).

(vii) Preventive action to be taken by the law and order machinery (Section 17).

(viii) Measures to be taken by State Governments for effective implementation of the Act, including: - a. Adequate facilities including legal aid, to the persons

subjected to atrocities to enable them to avail themselves of justice;

b. Economic and social rehabilitation of victims of the atrocities; c. Appointment of officers for initiating or exercising supervision

over prosecution for contravention of the provisions of the Act;

and d. Setting up of Committees at appropriate levels to assist the

Government in implementation of the Act;

e. Delineation of “Identified Areas”(commonly known as “Atrocity Prone Areas”) where members of SC/ST are vulnerable to

being subjected to atrocities and adoption of necessary measures to ensure their safety. {Section 21 (2)}.


Atrocities) Rules, 1995 under the PoA Act were notified on 31.03.1995,

which, among other things, prescribed minimum scale of relief and

rehabilitation for the affected persons. The prescribed minimum scale of

relief and rehabilitation under the Rules has been amended from time to

time.

Consequent upon amendments done in the PoA Act, certain

amendments had been necessitated in the PoA Rules. Accordingly

necessary amendments have been done in the PoA Rules by the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment

Rules, 2016, notified in the Gazette of India on 14.04.2016, which broadly

relate to provision of relief amount for 47 offences of atrocity,

rationalization of the phasing of payment of relief amount to victims for

various offences of atrocities, enhancement of relief amount to Rs.

85000/- to Rs. 8,25,000/-, depending upon the nature of the offences,

payable of admissible relief amount within seven days, completion of

investigation and filing of charge sheet in court within sixty days, to

enable timely commencement of prosecution and periodic review of the

Scheme for the rights and entitlements of victims and witnesses in

accessing justice, by the State, District and Sub-Division Level Vigilance

and Monitoring Committees in their respective meetings.

Salient provisions of the PoA Rules notified under the PoA Act are as

under: -

(i) Precautionary and Preventive Measures to be taken by the State

Governments regarding offences of atrocities (Rule 3). (ii) Investigation of offences under the Act to be done by not below

the rank of a DSP level Officer {Rule 7 (1)}.

(iii) Completion of investigation and filing of charge sheet in court within sixty days and report forwarded to Director General of

Police or Commissioner of Police of the State {Rule 7 (2)}. (iv) Setting up of the Scheduled Castes and the Scheduled Tribes

Protection Cell at State headquarters under the charge of

Director General of Police/IG Police (Rule 8). (v) Nomination of (a) a Nodal Officer at the State level (not below the

rank of a Secretary to the State Government), and (b) a Special

Officer at the district level (not below the rank of an Additional District Magistrate) for districts with identified atrocity prone

areas to co-ordinate the functioning of DMs, SPs and other concerned officers, at the State and District levels, respectively. (Rule 9 and 10).

(vi) Provision of relief in cash or kind or both to victims of atrocities as per prescribed norms within seven days. (Rule 12 (4) and

Schedule). (vii) State Government/Union Territory Administration to provide

necessary authorization and powers to the District Magistrate for

immediate withdrawal of money from treasury so as to timely provide the relief amount to atrocity victims (Rule 12(4A).

(viii) State Level Vigilance and Monitoring Committee under the Chief

Minister to meet at least twice a year (Rule 16).

(ix) District Level Vigilance and Monitoring Committees under the District Magistrate to meet at least once every quarter (Rule 17).

(x) Sub-Divisional Level Vigilance and Monitoring under the Sub-Divisional Magistrate to meet at least once every quarter (Rule

17 A)

1.2 RESPONSIBILITY FOR IMPLEMENTATION OF THE PoA ACT

Responsibility for implementation of the PoA Act primarily lies with

the State Governments/Union Territory Administrations and their sub-

ordinate authorities (police and executive magistrates). At the Central

level, as per the Government of India (Allocation of Business) Rules, 1961,

the responsibility in regard to implementation of the PoA Act is allocated

as under: -

Ministry of Home Affairs

Criminal offences against members of the Scheduled Castes and

Scheduled Tribes, including those under the PoA Act.

Ministry of Social Justice & Empowerment

Implementation of the PoA Act, (in so far as it relates to Scheduled

Castes), excluding the administration of criminal justice in regard to

offences under the Act.

Ministry of Tribal Affairs

Implementation of the PoA Act, (in so far as it relates to Scheduled

Tribes), excluding the administration of criminal justice in regard to

offences under the Act.

1.3. REPORT ON THE IMPLEMENTATION OF THE PoA ACT,

1989. Section 21 of the PoA Act casts certain duties on the Central and the

State Governments to ensure effective implementation of the Act, and

reads as follows:-

“21. Duty of Government to ensure effective implementation of the Act:-

(1) Subject to such rules as the Central Government may make in this

behalf, the State Government shall take such measures as may be necessary for the effective implementation of this Act.

(2) In particular, and without prejudice to the generality of the foregoing provisions, such measures may include,-

(i) the provision for adequate facilities, including legal aid to the persons

subjected to atrocities to enable them to avail themselves of justice:

(ii) the provision for travelling and maintenance expenses to witnesses,

including the victims of atrocities, during investigation and trial of offences under this Act;

(iii) the provision for the economic and social rehabilitation of the victims of the atrocities;

(iv) the appointment of officers for initiating or exercising supervision

over prosecutions for the contravention of the provisions of this Act;

(v) the setting up of committees at such appropriate levels as the State

Government may think fit to assist that Government in formulation or implementation of such measures;

(vi) provision for a periodic survey of the working of the provisions of

this Act with a view to suggesting measures for the better implementation of the provision of this Act;

(vii) the identification of the areas where the members of the Scheduled Castes and the Scheduled Tribes are likely to be subjected to atrocities

and adoption of such measures so as to ensure safety for such members.

(3) The Central Government shall take such steps as may be necessary

to co-ordinate the measures taken by the State Governments under sub-

section (1).

(4) The Central Government shall, every year, place on the table of each

House of Parliament a report on the measures taken by itself and by the

State Governments in pursuance of the provisions of this section".

This Report for the calendar year 2016 is being placed on the Table

of both the Houses of Parliament, in pursuance of sub-section (4) of the

above Section 21.

***

CHAPTER 2

STRUCTURES AND MECHANISMS FOR IMPLEMENTATION & MONITORING OF THE PoA ACT, 1989.

I. Special Courts

In accordance with Section 14 of the PoA Act as amended, for the

purpose of providing for speedy trial, the State Government shall, with the

concurrence of the Chief Justice of the High Court, establish an Exclusive

Special Court for one or more districts. Further in the districts where less

number of cases under the Act is recorded, with the concurrence of the

Chief Justice of the High Court specify for such Districts, the Court of

Session to be a Special Court to try the offences under the Act. These

Courts have powers to take direct cognizance of offences under the Act,

and it is the duty of the State Government to establish adequate number

of Courts to ensure that cases under the Act are disposed of within a

period of two months, as far as possible.

State Governments and Union Territory Administrations of Andhra

Pradesh, Assam, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal

Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra,

Manipur, Meghalaya, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu,

Telangana, Tripura, Uttar Pradesh, Uttarakhand, West Bengal, Andaman

& Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman & Diu,

NCT of Delhi, Lakshadweep and Puducherry have designated District

Session Courts as Special Courts.

For ensuring speedy trial of cases under the PoA Act, 195 Exclusive

Special Courts, have also been set up by fourteen States, as mentioned in

the table below:-

S. No. State Total Number

of Districts in the State

Number of Districts with

Exclusive Special Courts

1. Andhra Pradesh 13 14

2. Bihar 38 05

3 Chhattisgarh 27 17

4. Gujarat 33 16

5. Karnataka 30 08

6 Kerala 14 03

7. Madhya Pradesh 52 43

8. Maharashtra 36 03

9. Odisha 30 03

10. Rajasthan 33 25

11. Tamil Nadu 32 06

12. Telangana 10 10

13. Uttar Pradesh 75 40

14. Uttarakhand 13 02

Total 436 195

II. Special Public Prosecutors Section 15 of the PoA Act as amended, provides for appointing or

specifying Exclusive Special Public Prosecutors and Special Public

Prosecutors for the purpose of conducting cases in Exclusive Special

Courts and Special Courts respectively. Accordingly the States/Union

Territories, which have set up Exclusive Special Courts and Special

Courts, have appointed Exclusive Special Public Prosecutors and Special

Public Prosecutors.

III. Setting up of (a) SC/ST Protection Cells at State Headquarters, and (b) Special Police Stations for SC/ST

Rule 8 of the PoA Rules, requires the State Government to set up a

SC/ST Protection Cell at the State headquarters under the charge of a

DGP, ADGP/IGP and assign to it the following responsibilities:-

(i) conducting survey of, maintaining public order and tranquility in, and recommending deployment of special police force in identified

areas;

(ii) investigating causes of offences under the Act, restoring feeling of security among SC/ST;

(iii) liaising with nodal and special officers about law and order

situation in identified areas;

(iv) informing the nodal officer and the concerned District Magistrate about implementation of the rights of victims and witnesses specified under the provisions of Chapter IVA of the PoA Act;

(v) monitoring investigation of offences and enquiring into willful

negligence of public servants;

(vi) reviewing the position of cases registered under the Act; and

(vii) submitting a monthly report to the State Government/Nodal

Officer about action taken/proposed to be taken in respect of the

above.

SC/ST Protection Cells have been set up in the States and Union

Territories of Andhra Pradesh, Assam, Bihar, Chhattisgarh, Gujarat,

Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya

Pradesh, Manipur, Maharashtra, Meghalaya, Nagaland, Odisha, Punjab,

Rajasthan, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, Uttarakhand,

West Bengal, Andman & Nicobar Islands, Chandigarh, Dadra & Nagar

Haveli, Daman & Diu, NCT of Delhi, Lakshadweep and Puducherry.

Special Police Stations for registration of complaints of offences

against members of SCs and STs have also been set up by four States, viz.

Bihar, Chhattisgarh, Jharkhand and Madhya Pradesh. The details are as

under:-

S. No.

State Total Number of

Districts

Number of Special

Police Stations

Name of District where Special Police Station

has been set up

1. Bihar 38 40 Patna, Nalanda, Rohtas,

Bhabhua, Bhojpur, Buxar, Gaya,

Jehanabad, Arwal, Nawada, Aurangabad, Saran, Siwan,

Gopalganj, Muzaffarpur, Sitamarhi, Sheohar,

West Champaran (2), East Champaran, Vaishali, Darbhanga,

Madhubani, Samastipur,

Saharsa, Supal, Madhepura, Purnia, Araria, Kisanganj,

Katihar, Bhagalpur (2), Banka, Munger, Lakhisarai, Sheikhpura,

Jamui, Khagaria and Begusarai.

2. Chhattisgarh 27 13 Raipur, Durg, Rajnandgoan,

Kabirdham, Mahasumud, Bilaspur, Raigarh, Korba, Janjgir-

Champa, Surguja, Surajpur, Jagadalpur and Dantewada.

3. Jharkhand 24 22 Ranchi, Gumla, Simdega, Lohardaga,

Chaibasa, Saraikela, Jamshedpur,

Hazaribagh Koderma, Chatra, Giridih, Palamu, Latehar, Garhwa,

Dhanbad, Bokaro, Dumka, Godda, Jamtara, Deogarh,

Sahebgang and Pakur.

4. Madhya

Pradesh

52 51 Gwalior, Shivpuri, Guna,

Ashok Nagar, Morena, Sheopur, Bhind, Datia,

Ujjain, Mandsore, Neemuch, Ratlam, Dewas, Shajapur,

Jabalpur, Katni, Chhindwara, Seoni, Narsinghpur, Mandla,

Dindory, Balaghat, Rewa, Satna, Sidhi,

Shahdole, Umaria, Anooppur, Hoshangabad, Harda,

Raisen, Betul, Bhopal, Sehore, Rajgarh,

Vidisha, Indore, Dhar, Jhabua, Khargone, Barwani, Khandwa,

Burhanpur, Sagar, Damoh, Panna,

Chhatarpur, Tikamgarh,

Singruali, Alirajpur and Agar Malwa.

Total 141 126

IV Nodal Officers Rule 9 of the PoA Rules, provides for appointment of Nodal Officers

for coordinating functioning of the District Magistrates and

Superintendents of Police or other authorized officers.

Such officers have been appointed in the States/UTs of Andhra

Pradesh, Assam, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal

Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra,

Manipur, Meghalaya, Nagaland, Odisha, Punjab, Rajasthan, Tamil Nadu,

Telangana, Tripura, Uttar Pradesh, Uttarakhand, West Bengal,

Chandigarh, Dadra & Nagar Haveli, Daman & Diu, NCT of Delhi,

Lakshadweep and Puducherry.

V. Delineation of “Identified Areas” or “atrocity prone

areas” and undertaking of consequential steps.

(i) Identification of atrocity prone areas Rule 3(1)(i) of the PoA Rules, provides for identification of atrocity

prone areas.

Andhra Pradesh, Bihar, Gujarat, Karnataka, Madhya Pradesh,

Maharashtra, Odisha, Rajasthan Tamil Nadu and Telangana have

identified the atrocity prone/sensitive areas.

(ii) Appointment of Special Officers

Rule 10 of the PoA Rules, provides for appointment of a Special

Officer not below the rank of a Additional District Magistrate in the

identified atrocity prone area, to co-ordinate with the District Magistrate,

Superintendent of Police or other officers responsible for implementing the

provisions of the Act.

Special Officers have been nominated by Governments of Andhra

Pradesh, Bihar, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand,

Karnataka, Madhya Pradesh, Odisha, Rajasthan, Sikkim, Tamil Nadu,

Telangana, West Bengal and UT Administration of Andaman & Nicobar

Islands Chandigarh, Dadra and Nagar Haveli, Daman & Diu, NCT of Delhi,

Lakshadweep and Puducherry.

VI. State and District Level Vigilance and Monitoring

Committees

Rule 16 and Rule 17 of the PoA Rules, provide for setting up of the

State Level Vigilance and Monitoring Committee under the

Chairpersonship of the Chief Minister and the District level Vigilance and

Monitoring Committees under the Chairpersonship of the District

Magistrate to review implementation of the provisions of the PoA Act.

Such Committees have been set up in the States/UTs of Andhra

Pradesh, Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Goa, Gujarat,

Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya

Pradesh, Maharashtra, Nagaland, Odisha, Punjab, Rajasthan, Sikkim,

Tamil Nadu, Telangana, Uttar Pradesh, Uttarakhand, West Bengal,

Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, Daman

& Diu, NCT of Delhi and Puducherry.

VII. Constitutional Bodies to monitor safeguards provided for SCs and STs

A. National Commission for Scheduled Castes (NCSC) The NCSC is a body established under Article 338 of the

Constitution. Following provisions of clause (5) of Article 338 lay down

certain duties of the Commission, which have a bearing on prevention of

atrocities against SCs:-

(a) to investigate and monitor all matters relating to the safeguards

provided for the Scheduled Castes under this Constitution or

under any other law for the time being in force or under any order of the Government and to evaluate the working of such

safeguards;

(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;

The NCSC has an Atrocities and Protection of Civil Rights Wing,

which deals with cases relating to Scheduled Castes under the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and

the Protection of Civil Rights Act, 1955, either on receipt of complaints

from individuals or information from other sources (including the media).

Evaluation studies/surveys on these subjects are also conducted by this

Wing.

The Commission has Regional Offices/Sub-Offices situated at

Agartala, Ahmedabad, Bengaluru, Chandigarh, Chennai, Guwahati,

Hyderabad, Kolkata, Lucknow, Patna, Pune and Thiruvananthapuram,

with specified jurisdiction to cover States/Union Territories.

B. National Commission for Scheduled Tribes (NCST) The NCST is a body established under Article 338-A of the

Constitution. Following provisions of clause(5) of Article 338 -A lay down

certain duties of the Commission, which have a bearing on prevention of

atrocities against STs:-

(a) to investigate and monitor all matters relating to the safeguards

provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;

(b) to inquire into specific complaints with respect to the deprivation of

rights and safeguards of the Scheduled Tribes; On receiving information about an incident of atrocity against a person

belonging to ST, the Commission gets in touch with the law enforcing and

administrative machinery of the concerned State and the District to

ascertain the details of incident and the action taken by the District

Administration.

The Commission has six Regional offices at Bhopal, Bhubaneswar,

Jaipur, Raipur, Ranchi and Shillong with specified jurisdiction to cover

States/Union Territories.

***

CHAPTER

3

ACTION BY THE POLICE AND THE COURTS IN

CASES REGISTERED UNDER THE PoA ACT IN CONJUNCTION WITH THE IPC, DURING 2016

3.1 Atrocities

Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act,1989, as amended by the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Amendment, Act, 2015 (1 of

2016) specifies offences of atrocities against members of Scheduled Castes

and Scheduled Tribes by a person not being a member of a Scheduled

Caste or a Scheduled Tribe. In the aforesaid amended Act, various

offences of atrocities have been rephrased and several new offences also

added. Details of Section 3 of the Act are at Annexure-I.

This chapter gives statistical data on offences registered under the

PoA Act in 2016. Source of all data given herein is the National Crime

Records Bureau (NCRB), Ministry of Home Affairs (MHA).

3.2 All India figures of cases under PoA Act in conjunction with

the IPC registered by the Police and their disposal by the

Courts during the year 2014-2016.

The following table indicates the comparative data in regard to registration of cases under the PoA Act in conjunction with the IPC, their pendency in Courts and conviction rate for the three years 2014, 2015

and 2016.

S.No. Item 2014 2015 2016 1. Number of cases

registered with Police during the year

47124 44839 47338

2. Percentage of cases pending in Court

85.3 87.3 89.3

3. Percentage of cases ending in conviction

28.8 25.8 24.9

3.3 State wise registration of offences of atrocities in 2016

State-wise details of cases registered during 2016 under the PoA Act

in conjunction with the IPC, are given in Table 3.1 below. In the table,

States and UTs, have been arranged in descending order of the total

number of atrocity cases registered in 2016.

TABLE- 3.1

STATE-WISE CASES REGISTERED DURING 2016 UNDER THE PoA ACT, 1989 IN CONJUNCTION WITH THE IPC.

S.

No

State/Union

Territory

Number of Cases

registered during the

year 2016

SC

population as

per 2011

Census and

its % to total

population

(In lakhs)

ST

population

as per 2011

Census and

its % to total

population

(In lakhs)

Number of

Cases

registered

per lakh

population

as per 2011

Census

SC ST Total SC ST SC ST

1 2 3 4 5 6 7 8 9

States

1. Uttar Pradesh 10426 4 10430 413.5 (20.7) 11.3 (0.6) 25.2 0.4

2. Bihar 5701 25 5726 165.6 (15.9) 13.3 (1.3) 34.4 1.9

3. Rajasthan 5134 1195 6329 122.2 (17.8) 92.3(13.5) 42.0 12.9

4. Madhya Pradesh 4922 1823 6745 113.4 (15.6) 153.2(21.1) 43.4 11.9

5. Andhra Pradesh 2335 405 2740 84.5 (17.2) 26.3 (5.4) 27.6 15.4

6. Karnataka 1866 371 2237 104.7 (17.1) 42.4 (7.0) 17.8 8.7

7. Odisha 1796 681 2477 71.8 (17.1) 95.9 (22.8) 25.0 7.1

8. Maharashtra 1736 403 2139 132.7 (11.8) 105.1 (9.4) 13.1 3.8

9. Telangana 1529 375 1904 54.3 (15.4) 32.9 (9.3) 28.1 11.3

10. Gujarat 1321 281 1602 40.7 (6.7) 89.1 (14.8) 32.4 3.1

11. Tamil Nadu 1287 19 1306 144.3 (20.0) 7.9 (1.1) 8.9 2.4

12. Kerala 810 182 992 30.3 (9.1) 4.8 (1.5) 26.7 37.1

13. Jharkhand 525 280 805 39.8 (12.1) 86.4 (26.2) 13.2 3.2

14. Chhattisgarh 243 402 645 32.7 (12.8) 78.2 (30.6) 7.4 5.1

15. Haryana 639 0 639 51.1(20.2) Nil 12.5 Nil

16. West Bengal 119 83 202 214.6(23.5) 52.9 (5.8) 0.6 1.6

17. Punjab 132 2 134 88.6 (31.9) Nil 1.5 Nil

18. Himachal Pradesh 115 2 117 17.2 (25.2) 3.9 (5.7) 6.7 0.5

19. Uttarakhand 65 3 68 18.9 (18.8) 2.9 (2.9) 3.4 1.0

20. Goa 10 11 21 0.25 (1.7) 1.4 (10.2) 40.0 7.8

21. Assam 4 1 5 22.3 (7.2) 38.8 (12.4) 0.2 Nil

22. Tripura 0 3 3 6.5 (17.8) 11.6 (31.8) Nil 0.2

23. Sikkim 1 0 1 0.28 (4.6) 2.0 (33.8) 3.6 Nil

24. Manipur 2 1 3 0.97 (3.8) 9.0 (35.1) 2.1 0.1

25. Nagaland 0 0 0 Nil 17.1(86.5) Nil Nil

26. Arunachal

Pradesh

0 0 0 Nil 9.5 (68.8) Nil Nil

27. Meghalaya 0 0 0 0.17 (0.6) 25.5 (86.1) Nil Nil

28. Mizoram 0 0 0 0.1 (0.1) 10.3 (94.4) Nil Nil

29. Jammu &

Kashmir PoA Act, 1989 does not extend in the State

9.2 (7.4) 14.9 (11.9) Nil Nil

Union Territories

30. Delhi 53 2 55 28.1 (16.8) Nil 1.9 Nil

31. Andaman &

Nicobar Islands

0 6 6 Nil 0.28 (7.5) Nil 21.4

32. Dadra & Nagar

Haveli

0 2 2 0.06 (1.8) 1.7 (52.0) Nil 1.2

33. Puducherry 2 1 3 1.9 (15.7) Nil 1.1 Nil

34. Chandigarh 1 0 1 1.9 (18.9) Nil 0.5 Nil

35. Daman & Diu 0 0 0 0.06 (2.5) 0.15 (6.3) Nil Nil

36. Lakshadweep 0 1 1 Nil 0.61 (94.8) Nil 1.6

Total 40774 6564 47338 - - - -

Atrocities against members of Scheduled Castes

The following table shows the eleven States, cumulatively

accounting for 93.3 % (38053) of the total cases (40774) relating to

offences of atrocities against members of SCs, registered under the PoA

Act in conjunction with the IPC, during the year 2016:

S.No. State Cases of offences of atrocities against members of SCs registered

under the PoA Act in 2016

1. Uttar Pradesh 10426

2. Bihar 5701

3. Rajasthan 5134

4. Madhya Pradesh 4922

5. Andhra Pradesh 2335

6. Karnataka 1866

7 Odisha 1796

8. Maharashtra 1736

9. Telangana 1529

10. Gujarat 1321

11. Tamil Nadu 1287

Total 38053

Atrocities against members of Scheduled Tribes

The following table shows the eleven States, cumulatively

accounting for 97.5% (6398) of the total cases (6564) relating to offences of

atrocities against members of STs registered under the PoA Act in

conjunction with the IPC, during the year 2016:

S.No. State Cases of offences of atrocities against members of STs registered under the PoA Act in 2016

1. Madhya Pradesh 1823

2. Rajasthan 1195

3. Odisha 681

4. Andhra Pradesh 405

5. Maharashtra 403

6. Chhattisgarh 402

7. Telangana 375

8. Karnataka 371

9. Gujarat 281

10. Jharkhand 280

11. Kerala 182

Total 6398

3.4 State-wise progress of investigation of cases by the Police

in 2016

Progress of investigation of cases by the police under the PoA Act in

conjunction with the IPC, during the year 2016 is given in Table 3.2.

TABLE – 3.2

Investigation done by Police during 2016 of Cases registered under the PoA Act in conjunction with the IPC.

S. No.

Item Number of Cases

Number Percentage to total

SC ST SC ST

1. Total number of cases,

including brought forward cases.

56,221 9,089 - -

2. Number of cases in which

chargesheet filed in courts

30,999 5,272 55.1 58.0

3. Number of cases withdrawn by

the Government during investigation

16 4 0.1 0.1

4. Number of cases closed after investigation

6,430 1,092 11.4 12.0

5. Cases in which charge sheets

were not laid but final report as true submitted during the year

2,148 119 3.8 1.3

6. Number of cases pending with the police at the end of the year.

16,628 2,602 29.6 28.6

From the above, it is seen that 55.1% of the cases relating to

Scheduled Castes were charge sheeted in courts during the year and

11.4 % cases were closed after investigation. Likewise 58% of the cases

related to Scheduled Tribes were charge sheeted during the year and

12% cases were closed after investigation.

The State/UT wise registration of cases under PoA Act in

conjunction with the IPC and the action taken by the Police, is given at

Annexure –II(A) & (B).

3.5 State-wise Progress of Disposal of Cases by Courts in 2016

The details in regard to disposal of cases by Courts under the PoA

Act in conjunction with the IPC, during 2016, are given in table 3.3.

TABLE-3.3

Disposal of Cases by Courts during 2016 under the PoA Act in conjunction with the IPC.

S.

No.

Item Number of Cases

Number Percentage to total

SC ST SC ST

1. Total number of cases,

including brought forward cases.

1,44,316 23,344 - -

2. Number of cases disposed of by Courts

14,554 2,895 10.1 12.4

(a) Number of cases ending in conviction

3,752 602 25.8 20.8

(b) Number of cases ending in

acquittal

10,802 2,293 74.2 79.2

From the above table, it is seen that 10.1% of the total cases

relating to Scheduled Castes were disposed of by courts during the year

out of which 25.8% ended in conviction. Likewise 12.4% of the total cases

relating to Scheduled Tribes were disposed of by courts during the year

out of which 20.8% ended in conviction.

The State/UT wise as well as Scheduled Castes and Scheduled Tribes

wise details are given at Annexure – III (A) and (B).

***

3. Number of cases compounded

or withdrawn

462 88 0.3 0.4

4. Number of cases pending with Courts

1,29,300 20,361 89.6 87.2

CHAPTER

4

MEASURES TAKEN BY THE GOVERNMENT OF

INDIA

4.1 MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT

4.1.1CENTRALLY SPONSORED SCHEME FOR IMPLEMENTATION OF THE PROTECTION OF CIVIL RIGHTS (PCR) ACT, 1955 AND THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) {PoA} ACT, 1989

The PCR Act and the PoA Act are implemented by the respective

State Governments and Union Territory Administrations. For effective

implementation of the two Acts, Central assistance is provided to them

under the Centrally Sponsored Scheme for implementation of the PCR Act

and the PoA Act, mainly for following purposes:-

(i) Strengthening of enforcement and judicial machinery.

(ii) Relief and Rehabilitation of atrocity victims.

(iii) Incentive for Inter-Caste Marriages, where one of the spouses is a

member of Scheduled Caste.

(iv) Awareness generation.

The funding pattern of the Scheme is such that, over and above the

committed liability of respective State Governments, the expenditure is

shared between Centre and States on 50:50 basis, and the Union Territory

Administrations receive 100% Central assistance. Central assistance of

Rs. 222.56 crore was granted to 20 States and 3 UTs during 2016-17,

State/UT wise details of which are given at Annexure-IV.

The Budget Estimate (BE), Revised Estimate (RE) and Expenditure

under the Scheme during 2016-2017 were as under:-

Item Amount (Rs. In crores)

1. BE 150.00 2. RE 228.49 3. Expenditure 222.56

4.1.2 COMMITTEE CONSTITUTED FOR EFFECTIVE

COORDINATION TO DEVISE WAYS AND MEANS TO CURB OFFENCES OF UNTOUCHABILITY AND ATROCITIES AGAINST MEMBERS OF SCs and STs AND EFFECTIVE IMPLEMENTATION OF THE PCR & PoA ACTs

The Parliamentary Committee on the Welfare of Scheduled Castes

and Scheduled Tribes in its fourth report had, inter-alia, recommended

that Ministry of Social Justice and Empowerment, Ministry of Home

Affairs, National Commission for Scheduled Castes and National

Commission for Scheduled Tribes should meet regularly to devise ways

and means to curb offences and ensure effective administration of the

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,

1989. In pursuance of this recommendation, a Committee for effective

coordination to devise ways and means to curb offences of untouchability

and atrocities against Scheduled Castes/Scheduled Tribes and effective

implementation of the PCR Act and the PoA Act, under the

Chairpersonship of Union Minister for Social Justice and Empowerment,

was set up in 2006. The present composition of the Committee is as

under: -

1 Minister for Social Justice and Empowerment Chairperson

2 Minister of Tribal Affairs Co-Chairperson

3 Minister for State for Social Justice and

Empowerment

Special Invitee

4. Minister for State for Tribal affairs Special Invitee

5. Secretary, Ministry of Social Justice and Empowerment

Member

6. Secretary, Ministry of Home Affairs Member

7. Secretary, Department of Justice, Ministry of Law

and Justice

Member

8. Secretary, Ministry of Tribal Affairs Member

9. Secretary, National Commission for Scheduled Member

Castes

10. Secretary, National Commission for Scheduled Tribes

Member

11. Joint Secretary, Ministry of Home Affairs (In charge of National Crime Records Bureau)

Member

12. Two non-official representatives from amongst Scheduled Castes

Member

13. One non-official representative from amongst Scheduled Tribes

Member

14. Joint Secretary (SCD), Ministry of Social Justice

and Empowerment

Member-

Secretary

A copy of each of Office Memorandum No. 111012/1/2005-PCR

(DESK), dated 29.03.2006, 11.4.2011 and 03.06.2011 are at Annexure-

V, VI & VII.

The Committee upto the end of the year 2016, has held twenty third

meetings. Details are given in the table below: -

Meeting Date Place Participating States/UTs

First 18.09.2006 New Delhi None

(Internal Meeting of the Committee)

Second 15.01.2007 Jaipur Assam, Bihar, Haryana and

Rajasthan.

Third 11.08.2007 Mumbai Karnataka, Madhya Pradesh, and

Maharashtra.

Fourth 28.01.2008 Hyderabad Andhra Pradesh, Tamil Nadu and

Union Territories of Puducherry and Andaman and Nicobar Islands.

Fifth 14.03.2008 Chandigarh Jammu and Kashmir (PCR Act only), Himachal Pradesh, Punjab and National Capital Territory of

Delhi.

Sixth 30.05.2008 Agartala West Bengal, Odisha, Tripura and

Manipur.

Seventh 28.01.2009 Bhopal Madhya Pradesh, Uttar Pradesh,

Chhattisgarh, Jharkhand and Uttarakhand

Eight 14.02.2009 New Delhi Kerala, Gujarat, Meghalaya, Goa

and UT Administration of Dadra & Nagar Haveli

Ninth 06.02.2010 Gandhinagar Gujarat

Tenth 24.05.2010 Bhubaneswar Odisha

Eleventh 31.01.2011 Mumbai Maharashtra

Twelfth 07.02.2011 Bengaluru Karnataka

Thirteenth 14.02.2011 Jaipur Rajasthan

Important points which emerged from these meetings relate to:-

(i) Setting up of exclusive special courts for speedy trial of offences

under the PoA Act,

(ii) Regular conduct of meetings of the State and District level

Vigilance & Monitoring Committees, as per Rules 16 and 17 of the PoA

Rules,

(iii) Identification of atrocity prone areas as per Section 21(vii) of the PoA Act and Rule 3(i) of the PoA Rules,

(iv) Prompt action against defaulting officials under Section 4 of the PoA

Act,

(v) Invoking relevant provisions of the PoA Rules for de-notifying defaulting public prosecutors, and

(vi) Reviewing all cases of acquittal, for appropriate remedial action.

4.1.3 MEETING WITH PRINCIPAL SECRETARIES OF SOCIAL

WELFARE OF STATES/UTS HELD ON 3rd JUNE, 2016. A meeting with Principal Secretaries of Social Welfare of States/UTs

under the Chairpersonship of Hon’ble Minister for Social Justice and

Empowerment to review implementation of schemes was held on

03.06.2016 in Vigyan Bhawan, New Delhi, wherein the subject matter of

implementation of the PoA Act was also reviewed. It was, inter-alia,

Fourteenth 08.04.2011 Lucknow Uttar Pradesh

Fifteenth 29.04.2011 Shimla Himachal Pradesh, Haryana and

Punjab

Sixteenth 19.05.2011 Delhi NCT of Delhi

Seventeenth 14.06.2011 Raipur Chhattisgarh

Eighteenth 27.06.2012 Hyderabad Andhra Pradesh

Nineteenth 03.07.2012 Chennai Tamil Nadu

Twentieth 26.09.2012 Patna Bihar

Twenty first 10.01.2014 Bengaluru Karnataka

Twenty

second

17.02.2016 New Delhi All State Governments/Union

Territory Administrations

Twenty

third

19.12.2016 New Delhi All State Governments/Union

Territory Administrations

impressed upon that since continuance of offences of atrocities against

members of Scheduled castes and Scheduled Tribes and low conviction

rate of cases under the PoA Act, in most of the States, is a matter of

concern, cases ending in acquittals need to be reviewed and appeals files

in superior courts, wherever required, besides taking stringent measures

to effectively implementation of the amended PoA Act and the amended

PoA Rules.

4.1.4 THE SCHEDULED CASTES AND THE SCHEDULED

TRIBES (PREVENTION OF ATROCITES) ACT, 1989, AS AMENDED BY THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITES) AMENDMENT ACT, 2015 (No. 1 OF 2016).

With an objective to deliver members of SCs and STs, a greater

justice the PoA Act was amended by the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (No.1 of

2016), notified in the Gazette of India Extraordinary on 01.01.2016 and

enforced with effect from 26.01.2016. The amendments in the PoA Act

broadly relates to:-

Rephrasing and expansion of some of earlier offences, addition of

several new offences as well as coverage of certain IPC offences attracting less than ten years of imprisonment committed against members of SCs and STs.

Establishment of Exclusive Special Courts for speedy disposal of

cases and specification of Exclusive Special Public Prosecutors to exclusively try the offences under the PoA Act.

Power of Special Courts and Exclusive Special Courts to take direct

cognizance of offences and as far as possible, completion of trial of the case within two months, from the date of filing of the charge sheet.

Addition of chapter on the ‘Rights of Victims and Witnesses’

Elaboration of duties to be performed by a public servant under the

PoA Act like registration of complaints or a First Information Report, recording statement of victims and witnesses, conducting

investigation and filing charges and any other duties specified in the Act and Rules, willful the neglect of which would attract punishment as prescribed.

4.1.5 AMENDMENTS IN THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITES) RULES, 1995.

Consequent upon amendments done in the PoA Act, certain

amendments had been necessitated in the PoA Rules. Accordingly

necessary amendments have been done in the PoA Rules by the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment

Rules, 2016, notified in the Gazette of India on 14.04.2016, which broadly

relate to rationalization of the phasing of payment of relief amount to

victims for various offences of atrocities, and substitution of Annexure-I of

the Schedule to the PoA Rules, which specifies relief amount for various

offences of atrocities. This includes prescribing relief for new offences of

atrocities as well for rephrased/expanded offences and not linking

payment of any part of relief amount with the requirement of medical

examination for non-invasive kind of offences against women like sexual

harassment, gestures or acts intended to insult the modesty, assault or

use of criminal force with intent to disrobe, voyeurism, stalking, separate

provision of relief for offences of rape and gang rape, enhancement of relief

amount to between Rs. 85,000/- to Rs. 8, 25,000/-, depending upon the

nature of the offence, payment of admissible relief to atrocity victims/

their dependents, within seven days, completion of investigation and filing

of charge sheet within sixty days to enable timely commencement of

prosecution and periodic review of the Scheme for the rights and

entitlements of victims and witnesses in accessing justice, by the State,

District and Sub-Division Level Vigilance and Monitoring Committees in

their respective meetings.

4.1.6 ADVISORY TO THE STATE GOVERNMENTS / UNION

TERRITORY ADMINISTRATIONS

The Ministry of Social Justice and Empowerment has been

addressing the State Governments/Union Territory Administrations to

implement the provisions of the Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) {PoA} Act, 1989 in letter and spirit. After

the amendments were done in the PoA Act and the PoA Rules, the

Secretary, Department of Social Justice and Empowerment, Ministry of

Social Justice and Empowerment vide d.o. letter dated 19.05.2016

addressed to the Chief Secretaries of concerned States/UTs, inter-alia,

mentioned that the amendments done in the PoA Act and the PoA Rules

have enlarged the responsibility of the State Governments and Union

Territory Administrations towards their effective implementation and that

the concerned Departments and Authorities should take immediate

required action so that provisions of the PoA Act and PoA Rules as

amended are implemented in right earnest. The specific points in this

regard for appropriate action on:-

(i) First Information Report(FIR), investigation, video-recording of proceedings, filing of charge sheet and prosecution,

(ii) Setting up of Special Courts and Exclusive Special Courts and time lines for disposal of cases,

(iii) Specification of Special Public Prosecutors and Exclusive Special Public Prosecutors,

(iv) Protection of victims, their dependents and witnesses,

(v) Rights of Victims and Witnesses,

(vi) Willful neglect of duties by public servants not being a member of a SC or a ST,

(vii) Supervision of Prosecution,

(viii) Time line for disbursement of relief etc,

(ix) Sensitization of Officers about provisions of PoA Act and PoA Rules as amended,

(x) Awareness generation,

(xi) Publicity of provisions of the PoA Act and PoA Rules as amended

The Hon’ble Union Minister for Social Justice and Empowerment

vide d.o. letter dated 13.05.2016 addressed to the Chief Ministers of

concerned States/UTs, also requested the concerned Departments to take

necessary action in notifying the amended PoA Act and the amended PoA

Rules in the State Gazette as well to disseminate information to all

concerned agencies and also sensitize police and other Officers about

provisions of PoA Act and PoA Rules and to ensure the effective

implementation of the Act and Rules.

4.1.7 RADIO PROGRAMME Six radio programmes on the theme of removal of untouchability and

prevention of atrocities were telecast, under the series sponsored by the

Ministry called, “Sanwarti Jayein Jivan Ki Rahen”.

4.2 MINISTRY OF HOME AFFAIRS

The Ministry of Home Affairs has also been advising the States/UTs,

from time to time regarding steps that need to be taken to afford a greater

measure of protection to members of SCs and STs. These advisories,

inter-alia, include sensitization and training of the police personnel/ law

enforcement agencies, minimizing delays in investigation of cases of

atrocities against SCs/STs and improving the quality of investigation,

recruitment of sufficient number of persons belonging to SCs/STs as

police personnel, programmes for creating awareness among vulnerable

sections of the society and legal recourse open to them, adopting

appropriate measures for swift and strict punishment to public servants

found guilty of neglect of duty and violence against SCs/STs, setting up of

special courts and improving the effectiveness of schemes developed for

the welfare and rehabilitation of SCs/STs, who are victims of crime.

Through the advisories, the State Governments were also requested to

undertake a comprehensive review of the effectiveness of the machinery in

tackling the issues of SCs/STs and to take appropriate measures aimed

at increasing the responsiveness of the law enforcement/ law and order

machinery. Ministry of Home Affairs vide their letter no. 15011/13/2016-

SC/ST-W, dated 23.05.2016 also addressed the Chief Secretaries of

concerned States/UTs, to take necessary action in complying with the

provisions of the amended PoA Act.

4.3. MINISTRY OF INFORMATION AND BROADCASTING The Ministry of Information & Broadcasting through its units has been

propagating the objective of removal of untouchability and caste-based

prejudices in the society. The work done by various Units of the Ministry

is indicated as under: -

4.3.1 SONG & DRAMA DIVISION

The Song & Drama Division presented IEC programmes during

2016 throughout the country on the theme of removal of untouchability

by way of folk and traditional art forms such as drama, ballets, operas,

dance, drama, folk and traditional recitals, puppetry etc.

4.3.2 PRESS INFORMATION BUREAU The Press Information Bureau (PIB) issued six press releases on the

subject of 'The Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Amendment Act, 2015 (No. 1 of 2016), enforced with effect from

26.01.2016 and 'The Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Amendment Rules, 2016, enforced with effect

from 14.04.2016.

***

CHAPTER 5

MEASURES TAKEN BY STATE GOVERNMENTS AND UNION TERRITORY ADMINISTRATIONS

5.1 ANDHRA PRADESH

5.1.1 COMMITTEES

STATE LEVEL VIGILANCE AND MONITORING COMMITTEE

The State Level Vigilance & Monitoring Committee functions under

the Chairpersonship of the Chief Minister to review implementation of the

PoA Act.

DISTRICT LEVEL VIGILANCE AND MONITORING COMMITTEE

District Level Vigilance & Monitoring Committees are functioning in

all Districts under the Chairpersonship of the District Collectors. During

the year 2016, 27 meetings were held in 13 districts of the State.

5.1.2 STATE LEVEL SC AND ST PROTECTION CELL

A SC & ST Protection Cell at State Level is headed by an Inspector

General of Police (CID) and functions under the control and supervision of

Additional Director General of Police (CID), assisted by DSPs and other

supporting staff. A Deputy Superintendent of Police has also been

appointed in each of seven regions exclusively to deal the offences of

atrocities. Monthly Survey is conducted by senior Police Officers.

Whenever serious atrocity cases are reported, they make to spot

inspections.

5.1.3 REGISTRATION OF CASES AS PER PROVISIONS OF THE

AMENDMENT PoA ACT

1386 cases of offences of atrocities against the members of

Scheduled Castes and Scheduled Tribes were registered as per the

provisions of Section 3 as amended PoA Act.

5.1.4 INVESTIGATION AND FILING OF THE CHARGE SHEET WITHIN

SIXTY DAYS

In accordance with Rule 7 (2) of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016, in

292 cases investigation and filling of the charge sheet was done within

sixty days and that in 264 cases investigation and filling of the charge

sheet was done later than sixty days.

5.1.5 APPOINTMENT OF OFFICER

A. NODAL OFFICER

The Director of Social Welfare has been designated as the Nodal

Officer under Rule 9 of the PoA Rules, for coordinating the functioning of

District Magistrates and Superintendents of Police.

B. SPECIAL OFFICER

The Joint Collectors of the nine atrocity prone districts have been

appointed as Special Officers.

5.1.6 IDENTIFICATION OF ATROCITY PRONE AREAS

The details of identified atrocity prone areas are as under: -

S.No. Identified District Specific areas within

District, identified as atrocity prone areas

1. Kadapa District 44

2. Srikakulam District 10

3. Kurnool District 55

4. Rajahmundry(U) 37

5. Tirupati Urban District 4

6. East Godavari(Kakinada)

District

55

7. Guntur District 5

8. Ananthapur District 3

9. Nellore District 4

Total 217

5.1.7 SPECIAL COURTS

The Government of Andhra Pradesh has established up 14

Exclusive Special Courts in the districts of Chittoor, Guntur, Nellore,

Kurnool, Prakasham at Ongole, Kadapa, Krishna, East Godavari,

Ananthapur, Srikakulam, Vizianagaram, Visakhapatanam, West Godavari

and Lakshmipeta of Srikakulam district.

5.1.8 SPECIFICATION OF SPECIAL PUBLIC PROSECUTORS AND EXCLUSIVE SPECIAL PUBLIC PROSECUTORS

Special Public Prosecutors have been appointed to plead the cases

in 14 Exclusive Special Courts detailed in Para 5.1.7 above.

5.1.9 PUBLICITY AND AWARENESS GENERATION

Sensitization and Training programmes were conducted for field

functionaries of Social Welfare, Police and Revenue Departments. The

details are as under:-

Boards depicting on provisions of PoA Act in Police Stations and

Mandal Revenue Officers (MRO) Offices.

Media campaign lanched against evil practice of untouchability and

PoA Act in AIR, Press and on APSRTC buses.

Awareness workshops organized by reputed NGOs.

Orders issued to concduct ‘Sanghika Samkshema Sadassulu’ in all

Assembly Constituencies.

All the SDPOs in the State are issued booklets on Guidelines for the

investigating officers, in the investigation of cases under the PoA

Act.

All the DSPs of PCR Cells, CID are sensitized in the in-House

Training Progrmmes.

Handbook of “Government Orders, Memo’s and Circulars” on PCR

and PoA Acts are also provided to Police officers for ready reference

and guidelines.

Basic training for DSPs on the provisions of PoA Act was held

including syllabus on traning programme for DSPs.

During the year 2016, 873 Police official and 10 other official were

sensitized. 8 publicity/awareness programmes were also conducted

during the year.

5.1.10 TRAVELLING AND MAINTENANCE EXPENSES TO WITNESSES AND VICTIMS OF ATROCITIES

Travelling and maintenance expenses are provided to the victims,

their dependents and witnesses in accordance with the PoA Rules. During

the year 2016, 261 persons were provided travelling and maintenance

expenses.

5.1.11 ECONOMIC AND SOCIAL REHABILITATION OF VICTIMS OF

ATROCIES

The State Government provides for relief and rehabilitation to the

victims of offences of atrocities in accordance with Rule 12 (4) of the PoA

Rules. During the year 2016, 999 persons were provided relief in all 13

districts.

5.1.12 RELIEF AND REHABILITATION OF VICTIMS OF ATROCITIES

In accordance with Rule 12 (4) and 12(4) (A) of the Scheduled Castes

and the Scheduled Tribes (Prevention of Atrocities) Amendment Rules,

2016, the relief and rehabilitation to the victims of offences of atrocities

provided within seven day to 3 persons with authorization by the State

Government and in 229 persons were provided later than seven days.

5.1.13 LEGAL AID

Free legal Aid is given to deserving families belonging to Scheduled

Castes and the Scheduled Tribes through Sub-Divisional Level Legal Aid

Committee with the Deputy Commissioner of the District as Chairman.

There is no income limit fixed for eligibility to provide legal aid to the

victims of atrocities. During the year 2016, 247 persons were provided

legal aid.

5.2 ARUNACHAL PRADESH

Arunachal Pradesh is a predominantly a Tribal State and all

resources of the State are geared for protection and promotion of the

members of Scheduled Tribes and the State does not have any Scheduled

Castes population. In the circumstance, the requisite information in

respect of State may be treated as ‘Nil’.

5.3 ASSAM

5.3.1 COMMITTEES


State Level Vigilance & Monitoring Committee has been constituted

under the Chairpersonship of the Chief Minister to review implementation

of the PoA Act.


District Level Vigilance & Monitoring Committees under the

Chairpersonship of the District Magistrates have been constituted to

review implementation of the PoA Act.


A SC & ST Protection Cell at State level functions under the

supervision of Director General of Police. The Cell consists of Additional

Director General of Police (CID), Inspector General of Police (A), Deputy

Inspector General of Police (Range) and all Superintendents of Police.

5.3.3 APPOINTMENT OF OFFICERS

A. NODAL OFFICER The Director, Welfare of Scheduled Castes, Assam is the Nodal

Officer.

B. SPECIAL OFFICER

There was no instance of atrocity, and no area has been specified as

an atrocity prone in the State. However, in accordance with Rule 10 of the

PoA Rules, the Additional District Magistrate in each district has been

appointed as a Special Officer.


There is no atrocity prone area in the State.


18 Special Courts have been specified as Special Courts for trial of

offences of atrocities.

5.3.6 SPECIAL PUBLIC PROSECUTOR

Special Public Prosecutors have been appointed to conduct trial of

the cases under the PoA Act.

5.3.7 LEGAL AID

Free legal aid is given to deserving families belonging to members of

Scheduled Castes and Scheduled Tribes through Sub-Division Level Legal

Aid Committees under the Chairpersonship of the Deputy Commissioner

of the district.

5.4. BIHAR

5.4.1 COMMITTEES


State Level Vigilance & Monitoring Committee functions under the

Chairpersonship of the Chief Minister to review implementation of the Act.


District Level Vigilance & Monitoring Committees function under the

Chairpersonship of District Collector. During the year 2016, 98 meetings

were held in 38 districts of the State to review various aspects of

implementation of the PoA Act and PoA Rules.

SUB DIVISIONAL LEVEL COMMITTEES

Sub Divisional Level Committees under the Chairpersonship of Sub

Divisional Magistrate have been constituted. During the year 2016, 43

meetings were held in 38 Sub Divisions, out of 103 Sub-Divisions.


At State Level, a Scheduled Castes and Scheduled Tribes Cell has

been functioning under the charge of Inspector General of Police, (Weaker

Section), with supporting staff.

5.4.3 SPECIAL POLICE STATIONS

40 Special Police Stations are functioning in 38 districts in the

State, namely Patna, Nalanda, Rohtas, Bhabhua, Bhojpur, Buxer, Gaya,

Jehanabad, Arwal, Nawada, Aurangabad, Saran, Siwan, Gopalganj,

Muzaffarpur, Sitamarhi, Sheohar, West Champaran (2), East Champaran,

Vaishali, Darbhanga, Madhubani, Samastipur, Saharsa, Supal,

Madhepura, Purnia, Araria, Kisanganj, Katihar, Bhagalpur (2), Banka,

Munger, Lakhisarai, Sheikhpura, Jamui, Khagaria and Begusarai.


A. NODAL OFFICER

The Secretary, Home Department, is the Nodal Officer, who from

time to time convenes the meetings to review implementation of the PoA

Act.

B. SPECIAL OFFICER FOR DISTRICTS HAVING ATROCITY PRONE

AREAS

The Additional District Magistrate, in each district, has been

designated as a Special Officer to co-ordinate the functioning with the

District Magistrate/ Superintendent of Police or other officers responsible

for the implementation of the provisions of the PoA Act and the Rules

notified there under.

5.4.5 REGISTRATION OF CASES AS PER PROVISIONS OF THE AMENDMENT PoA ACT



provisions of Section 3 as amended PoA Act.

5.4.6 INVESTIGATION OF THE CASE AND FILLING OF CHARGE SHEET WITHIN SIXTY DAYS





sheet was later than sixty days.


In the State, 33 districts have been identified as sensitive from the

point of view of atrocities against members of Scheduled Castes and

Scheduled Tribes. These districts are Patna, Nalanda, Rohtas, Bhabhua,

Bhojpur, Buxer, Gaya, Jehanabad, Nawada, Aurangabad, Saran, Siwan,

Gopalganj, Muzaffarpur, Sitamarhi, West Champaran (Betia), East

Champaran (Motihari), Vaishali, Darbhanga, Madhubani, Samastipur,

Saharsa, Madhepura, Purnia, Bhagalpur, Banka, Munger, Sheikhpura,

Begusarai, Khagaria, Katihar, Jamui and Araria.


The Court of Additional Session Judge has been specified as a

Special Court under the PoA Act in each district. In addition, five

Exclusive Special Courts also function at Patna, Gaya, Bhagalpur,

Muzaffarpur and Begusarai Districts.


Special Public Prosecutors have been appointed in 31 Special

Courts and Special Public Prosecutors in 5 Exclusive Special Courts, to

plead the cases under the PoA Act.

5.4.10 PUBLICITY

For creating awareness amongst public, copies of the PoA Act and

the PoA Rules were distributed at Panchayat, District and State level.

5.4.11 SENSITISATION OF OFFICERS

During the year 2016, 38 District Magistrates, 40 Superintendents

of Police and 40 Officer In charge of Thanas, 38 Additional District

Magistrates, 38 District Welfare Officers, and 810 officer-in-charges of

Thanas were sensitized.

5.4.12 RELIEF TO ATROCITY VICTIMS

During the year 2016, 2342 atrocity victims were provided relief.

5.4.13. TRAVELLING AND MAINTENANCE EXPENSES TO WITNESSES AND VICTIMS OF ATROCITIES

The State Government provides travelling and maintenance

expenses to the witnesses and victims of atrocity during the investigation

before the inquiry officer and to attend the trial in the court. During the

year 2016, 542 persons were provided travelling and maintenance

expenses.

5.4.14 LEGAL AID

Free legal aid is given to members of Scheduled Castes and

Scheduled Tribes. During the year 2016, 1636 such persons were

provided legal aid.

5.4.15. NON-SC/ST OFFICERS PUNISHED FOR WILFUL NEGLECT OF

DUTIES

For willful neglect of duties for implementing provisions of the PoA

Act, one Officer punished for first offence under Section 4 of the PoA Act.

5.5. CHHATTISGARH

5.5.1 COMMITTEES


The State Level Vigilance and Monitoring Committee is headed by

the Chief Minister, to review the implementation of the PoA Act.


The District Level Vigilance and Monitoring Committees are headed

by the District Collectors. During the year 2016, 100 meetings were held

in 27 districts.


Sub Divisional level Committees under the Chairpersonship of Sub

Divisional Magistrate/Dy. Collector have been constituted. During the

year 2016, 96 meetings were held in 35 Sub Division of 18 districts.


At State Level, a Scheduled Castes and Scheduled Tribes Protection

Cell, in the Police Headquarters has been functioning under the charge of

Deputy Inspector General of Police with supporting staff.


Special Police Stations are functioning in 13 districts namely

Raipur, Durg, Rajnandgaon, Kabirdham, Mahasumud, Bilaspur, Raigarh,

Korba, Janjgir-Champa, Surguja, Surajpur, Jagadalpur and Dantewada.


161 cases of offences of atrocities against the members of Scheduled

Castes and Scheduled Tribes were registered as per the provisions of

Section 3 as amended PoA Act.



Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016, in 87

cases investigation and filling of the charge sheet was done within sixty

days and that in 169 cases investigation and filling of the charge sheet

was done later than sixty days.


A. NODAL OFFICER

The Secretary, Scheduled Tribes and Scheduled Castes

Development Department, is the Nodal Officer, who from time to time

convenes the meetings to review implementation of the PoA Act.

B. SPECIAL OFFICER FOR DISTRICT HAVING ATROCITY PRONE

AREAS

Although there is no atrocity prone area identified in the State, even

then for taking precautionary measures, Deputy Superintendents of

Police/SDOPs have been designated as Special Officers as per Rule 10 of

the PoA Rules and for implementing the provisions of the PoA Act in all

districts of State.


No area has been identified as an atrocity prone area.


Seventeen Exclusive Special Courts are functioning in the districts

of Mahasmund, Dhamtari, Kabirdham, Gariyaband, Balod, Baloda Bazar,

Bemetara, Mungeli, Surajpur, Koriya, Balrampur, Kanker, Dantewada,

Narayanpur, Bijapur, Kondagaon and Sukma. In the districts of Raipur,

Durg, Rajnandgoan, Bilaspur, Surguja and Jagdalpur for trial of cases of

offences of atrocities under the PoA Act, District Session Courts have been

designated as Special Courts.



Courts and Special Public Prosecutors in 17 Exclusive Special Courts, to

plead the cases under the PoA Act.

5.5.10 ACTION TAKEN TO RECOGNISE/REWARD PERSONS

In recognition of exemplary work done in the field of prevention of

atrocities and removal of untouchability, six persons were given Shield,

cash award and an appreciation certificate.

5.5.11 LEGAL AID

Legal aid is provided to members of Scheduled Castes and

Scheduled Tribes in rural areas in the cases which relate to disputes of

land, offences of atrocities and where trial is pending in the Session

Courts. During the year 2016, 832 such persons were provided legal aid in

14 districts.

5.5.12 TRAVELLING AND MAINTENANCE EXPENSES TO WITNESSES

AND VICTIMS OF ATROCITIES The State Government provides travelling and maintenance

expenses to the witnesses and victims of atrocity during the investigation

before the inquiry officer and to attend the trial in the court. During the

year 2016, 463 persons were provided travelling and maintenance

expenses in Durg, Dhamtari, Balod, Raigarh, Korba, Sarguja, Koriya,

Jagdalpur and Dhatewada districts.

5.5.13 RELIEF AND REHABILITATION

During the year 2016, 335 atrocity victims were provided relief and

rehabilitation in 13 districts.

5.5.14 REVIEW OF PERFORMANCE OF PUBLIC PROSECUTORS

During the year 2016, five Special Public Prosecutors were changed

for not pleading the PoA Act related cases effectively in the districts of

Durg, Bilaspur, Jajgir-Champa and Kondagaon.

5.5.15 APPEALS FILED IN SUPERIOR COURTS IN CASES WHICH

ENDED IN ACQUITTAL

During the year 2016, of 161 cases which ended in acquittal,

appeals against acquittals were filed in two cases in superior courts.

5.6 GOA

5.6.1 COMMITTEE


The State Level Vigilance and Monitoring Committee under the

Chairpersonship of Chief Minister reviews implementation of the PoA Act.


The District Level Vigilance and Monitoring Committees are

functioning under the Chairpersonship of the District Magistrate, North

Goa and South Goa to review cases of atrocities under the PoA Act. During

the year 2016, three meetings were held.


Sub Divisional level Committees under the Chairpersonship of Sub

Divisional Magistrate/Dy. Collector have been constituted vide State

Government Notification dated 17.4.2015.

5.6.2 INVESTIGATION OFFICER

Whenever an offence of atrocities under provision of the PoA Act is

registered, the same is being investigated by the officer not below the rank

of Deputy Superintendent of Police.


AMENDMENT PoA ACT

Two cases have been registered under the provisions of the

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)

Amendment Act, 2015.

5.6.4 INVESTIGATION OF THE CASE AND FILLING OF CHARGE

SHEET WITHIN SIXTY DAYS

Out of four cases charge sheeted which are pending trial, one case

has been charge sheeted within sixty days and in three cases charge

sheeted was filed later than sixty days.


NODAL OFFICER

The Additional Secretary, Department of Personnel is the Nodal

Officer and coordinates the functioning of the District Magistrate and

Superintendent of Police and other officers, responsible for implementing

provisions of the PoA Act.


No specific area has been identified as atrocity prone in the State.


The State Government has designated District and Session Courts

at Panaji and Margoa (North & South Goa) as Special Courts for the

speedy trial of cases under the PoA Act.

5.6.8 SPECIFICATION OF SPECIAL PUBLIC PROSECUTOR AND EXCLUSIVE SPECIAL PUBLIC PROSECUTOR

The Government has appointed Public Prosecutors attached to the

District and Session Courts as Special Public Prosecutors. Further it is

felt that presently there is no need of appointing Exclusive Special Public

Prosecutor in the State of Goa.

5.6.9 IMPLEMENTATION OF A PLAN FOR EFFECTIVELY IMPLEMENTING PROVISIONS OF THE ACT AND ITS

NOTIFICATION IN THE STATE GAZETTE

The State Government has prepared a Model Contingency Plan

under the PoA Rules, for providing relief and rehabilitation to the victims

of offences of atrocities among members of SC/ST.

5.6.10 PUBLICITY/AWARNESS

All the subordinate staff was sensitized about proper enforcement of

the provisions of the PoA Act. Meetings of senior citizens, members of

weaker section and the police were also held periodically at Sub-Divisional

level wherein grievances were heard and resolved.

5.6.11 LEGAL AID

The State Government has formulated a scheme to provide Free

Legal Aid to members of Scheduled Castes and Scheduled Tribes without

any economic criteria. In the case of Shri Suresh Babu, Sancoale, Vasco-

Goa, recording facility under the PoA Amendment Act, 2015 has been

provided for recording the proceedings in the Special Court, Margo.


The State Government has made provision for providing relief and

rehabilitation to the victims of offences of atrocities among the members of

SCs and STs under the PoA Rules.

5.7 GUJARAT

5.7.1 COMMITTEES

A. HIGH LEVEL COMMITTEE

A High Level Committee under the Chairpersonship of the Chief

Minister reviews implementation of the PoA Act. The Ministers of Finance,

Revenue, Social Justice and Empowerment, Members of Parliament, State

Legislature and Senior Government Officers are members of the

Committee.

B. STATE LEVEL COMMITTEE

A State Level Committee under the Chairpersonship of the Principal

Secretary-in-charge of Social Justice & Empowerment Department reviews

the reports of the Vigilance Officers of the three Vigilance Squads. The

Committee consists of Home Secretary, Legal Secretary and Special

Inspector General of Police etc. During the year 2016, two meetings of the

State level Committee were held on 16.07.2016 and 09.11.2016.

C. DISTRICT LEVEL VIGILANCE & MONITORING COMMITTEE

At district level, a District Vigilance and Monitoring Committee

under the Chairpersonship of District Collector reviews implementation of

the PoA Act. The Committee consists of District Panchayat President,

Chairperson of District Social Justice Committee, District Development

Officer, District Superintendent of Police, Government Public Prosecutor,

Members of Parliament and Members of Legislative Assembly and

prominent Social Workers of respective Districts. These Committees meet

regularly every quarter. During the year 2016, 131 meetings of the

Committees were held.

D. SUB DIVISIONAL LEVEL COMMITTEE

Sub Divisional Level Committees have been set up in every Taluka

under the Chairpersonship of Sub-Divisional Magistrate. The Public

Prosecutor, Police Inspector and Sub Inspector of the Taluka are members

of the Committee. During the year 2016, the Committee held 710

meetings.

E. CITY LEVEL COMMITTEE

Under the Chairpersonship of the Police Commissioner, City Level

Committees have also been set up. Government Public Prosecutor,

Municipal Commissioner and Scheduled Caste/ Scheduled Tribe Members

of Municipal Corporation are members of these Committees. These

Committees review the cases under the PoA Act. During the year 2016, the

Committee held 24 meetings.


At the Secretariat level, the Principal Secretary looks after the

implementation of the Act, while at the Directorate level, the Director looks

after the work. A Special Cell called ‘Nagrik Cell’ is functioning in the

Directorate and Dy. Director looks after the Cell. Three Regional Vigilance

Officers are also working at Vadodara, Ahmedabad and Rajkot to look

after incidents of atrocities within their jurisdiction.

Besides, the SC and ST Protection Cell in the office of the Director

General of Police is working under the charge of the Additional Director

General of Police to monitor the crimes against members of SCs and STs

with supporting staff. At district level, SC and ST Cells are headed by 40

Deputy Superintendent of Police (SC/ST) with staff to look after the work

in 36 districts and 4 Police Commissionerates.


AMENDMENT PoA ACT

1629 cases have been registered under the provisions of the

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act

as amended.




966 cases, investigation and filling of the charge sheet was done within



5.7.5 SPECIAL COURTS AND EXCLUSIVE SPECIAL COURTS

Session Courts in all Districts have been specified as Special

Courts. Besides, 16 Exclusive Special Courts in the districts of

Ahmedabad (Rural), Anand, Banaskantha (Palanpur), Bharuch,

Bhavnagar, Junagadh, Jamnagar, Gandhinagar, Kutch (Bhuj), Mehsana,

Patan, Rajkot, Surat, Surendranagar, Vadodara, Ahmedabad (City) and

Special Courts in Navsari, Narmda, Porbandar, Geer Somnath, Aravalli,

Dahod are also functioning to exclusively deal with cases under the PoA

Act.

5.7.6 SPECIFICATION OF SPECIAL PUBLIC PROSECUTORS AND

EXCLUSIVE SPECIAL PUBLIC PROSECUTORS


Courts and Exclusive Special Public Prosecutors in 16 Exclusive Special

Courts, for conducting cases under the PoA Act.


A. NODAL OFFICER AT STATE LEVEL

Principal Secretary, Social Justice & Empowerment is the Nodal

Officer in accordance with Rule 9 of the PoA Rules.

B. SPECIAL OFFICERS

Three Regional Vigilance Officers at Ahmedabad, Vaodara and

Rajkot within their jurisdiction have been nominated as Special Officers in

accordance with Rule 10 of the PoA Rules, 1995 in the identified atrocity

prone areas.

5.7.8 IDENTIFICATION OF ATORCITIY PRONE AREAS

11 districts have been identified as sensitive from the point of

occurrence of offences of atrocities: -

1. Mehsana 2. Ahmedabad (Rural) 3. Junagadh

4. Banaskantha 5. Kheda

6. Rajkot (Rural) 7. Amreli 8. Kutch

9. Surendranagar 10. Vadodara (Rural) 11. Bharuch


For wide publicity of the provisions of the PoA Act, printed booklets,

both in Gujarati and English, have been circulated among the authorities,

Village Panchayats, Social Workers and Voluntary Organizations. During

the year 2016, five publicity/awareness programmes were held and 6665

police officials/officers were sensitized.

5.7.10 EFFORTS FOR INVOLVING NON-GOVERNMENT

ORGANIZATIONS

Non-Governmental Organizations, Voluntary Agencies and the

prominent leaders in the field are invited for active participation in the

District Shibirs, State level Seminars and Workshops. Besides, the

Government has set up Awareness Centres with help of Non-

Governmental Organizations and provided Rs. 15000/- to each Awareness

Centre in the State.

5.7.11 TRAVELING AND MAINTENANCE EXPENSES

The State Government reimburses the expenses incurred by victims

and witnesses for attending court proceedings in cases of atrocities, at the

rate of actual second class fare of mail/express/passenger train or by bus

fare or taxi fare restricting luxury bus and also Rs. 200/- per day as

maintenance expenses.

5.7.12 ECONOMIC AND SOCIAL REHABILITATION

The State Government provides prescribed financial assistance to

the atrocity victims. During the year 2016, relief amount of Rs. 889.17

lakhs was given to 1579 persons belonging to Scheduled Castes in 26

districts.

5.7.13 CONTIGENCY PLAN

The State Government has formulated a Contingency Plan as

required as per Rule 15 of the PoA Rules.


ENDED IN ACQUITTAL

During the year 2016, as against 665 cases which ended in

acquittal, appeals against acquittals were filed in 37 cases in superior

courts.

5.7.15 NON-SC/ST OFFICERS PUNISHED FOR WILFUL NEGLECT OF

DUTIES

For willful neglect of duties for implementing provisions of the PoA

Act, cases against four police Officers of Una Police Station were registered

under Section 4 of the PoA Act.

5.8 HARYANA

5.8.1 COMMITTEES


A State Level Vigilance and Monitoring Committee under the

Chairpersonship of the Chief Minister held two meeting during the year

2016 to reviews implementation status of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989 in the State.


At the District level, a District Level Vigilance Monitoring Committee

functions under the Chairpersonship of the District Magistrates. During

the year 2016, the Committees held 46 meetings in 21 districts.


A Scheduled Castes and Scheduled Tribes Protection Cell under the

direct supervision of Additional Director General of Police, Human Rights

and Litigation has been set up at Police Headquarters, to deal with crimes

against weaker sections of the society. A Special Cell has also been created

in every district under the supervision of Superintendent of Police to

ensure speedy investigation of cases of atrocities against members of

Scheduled Castes.



An Additional Chief Secretary in Government of Haryana has been

appointed as the Nodal Officer in accordance with Rule 9 of the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Rules 1995.

B. SPECIAL OFFICER

There is no atrocity prone area in the State. However, as per Rule 10

of the PoA Rules, 1995, the District Magistrates of all the districts in the

State have been designated as Special Officer.


The Courts of District Session Judge and Additional Session Judge

in each district has been designated as a Special Court to try offences

under the PoA Act and Special Public Prosecutors have also been

appointed for taking up the cases.


For wide publicity of the provisions of the PoA Act, advertisements

were published from time to time in daily newspapers. For awareness of

the provisions of the PoA Act amongst general public, several debates and

seminars were organized in which Government Officers, Police Officers

and Non-Governmental Organizations participated. Police Officers were

also sensitized about provisions of the PoA Act. Special courses were

regularly organized in the Haryana Police Academy to further equip police

officers with better understanding about provisions of the PoA Act.

Provisions of the PoA Act as amended have also been included in the

syllabi of all basic and promotional courses for the trainees in Haryana

Police Academy. One day workshop was also conducted during 2015 to

generate awareness amongst officials about provisions of the PoA Act. The

workshop was attended by 1523 police officers of various levels.

5.8.6 RELIEF MEASURES

Financial assistance is provided to the victims of atrocities, as per

Rule 12 (4) of the Scheduled Castes and the Scheduled Tribes (Prevention

of Atrocities) Rules, 1995 as amended. During the year 2016, an amount

of Rs. 297.36 lakh was sanctioned to 486 persons.

5.8.7 LEGAL AID

Legal aid is provided to the Scheduled Caste persons in cases

relating to practice of untouchability, denial of access to temples, wells

and other public places, disputes relating to women and for ensuring

reservation in services. Assistance is also provided for expenditure

incurred on witnesses and payment of court fees. During the year, 2016,

an amount of Rs.1.54 lakh was given to 28 beneficiaries towards legal aid.


AND VICTIMS OF ATROCITIES

Travelling and maintenance expenses were provided to the victims of

atrocities and witnesses, as per the provisions of the PoA Rules, 1995.



required as per Rule 15 of the PoA Rules.

5.9 HIMACHAL PRADESH

5.9.1 COMMIITTEES



Chairpersonship of the Chief Minister, reviews implementation of the PoA

Act.


The District Level Committees have also been functioning under the

Chairpersonship of District Magistrate in each District. During the year

2016, 25 meetings were held in 12 districts.


A Special Cell has been set up at the State CID Headquarters,

Shimla to monitor the offences of atrocities under the PoA Act. The Cell is

functioning under the direct supervision of the Director General of Police.

The Cell consists of Additional Director General of Police (CID), Inspector

General of Police (Law & Order) and Superintendent of Police (CID/Crime).


A. NODAL OFFICER The Principal Secretary, Social Justice and Empowerment

Department, Government of Himachal Pradesh has been appointed as the

Nodal Officer.

B. SPECIAL OFFICER

No area has been identified as atrocity prone in the State. However,

as required under Rule 10 of the PoA Rules, 1995, all the Additional

District Magistrates of the concerned districts have been appointed as

Special Officers.

5.9.4 IDENTIFICATION OF ATORCITIY PRONE AREAS

No area has been identified as atrocity prone where the members of

Scheduled Castes and Scheduled Tribes are likely to be subjected to

atrocities.


All the Courts of District and Session Judges in every district in the

State have been designated as Special Courts to try offence under the PoA

Act.

5.9.6 SPECIAL PUBLIC PROSECUTORS

All the Public Prosecutors (District Attorneys) attached with the

Court of District and Session Judges have been designated as Special

Public Prosecutors to conduct cases of offence under the PoA Act, within

their respective jurisdiction.

5.9.7 PUBLICITY

The State Government has taken the following steps to generate

awareness among general masses and to sensitize the various Government

functionaries:

(i) 60 Awareness Camps were organized at District/ Sub Division/Tehsil/ Block and Gram Panchayat level for

general public, (ii) Special training on the provisions of PoA Act was

imparted to police officers/officials at Police Training Centre, Daroh, District Kangra,

(iii) Two awareness programmes were conducted by the Police

Department to sensitize the police officers.

(iv) 35 Police Officers were sensitized.

5.9.8 LEGAL AID

Himachal Pradesh State Legal Services Authority is providing legal

aid services to SCs/STs, women and children.


The State Government provides travelling and maintenance

expenses to the victims of atrocities and their dependents/witnesses for

visiting investigating officer or any other Executive Magistrate as per

Notification dated 12.2.2014.


Relief was provided to 58 atrocity victims as per prescribed norms.



required under Rule 15 of the PoA Rules.


ENDED IN ACQUITTAL

During the year 2016, as against 33 cases which ended in acquittal,

appeals against acquittals were filed in two cases in superior courts.

5.10. JHARKHAND

5.10.1 COMMITTEES


State Level Vigilance and Monitoring Committee constituted under

the Chairpersonship of the Chief Minister to review the implementation of

the PoA Act.


At District Level, Committee functions under the Chairpersonship of

District Collector. During the year 2016, 47 meetings were held in 24

districts of the State.


A Special Scheduled Castes and Scheduled Tribes Protection Cell

has been constituted under the Crime Investigation Branch of the Police

Department to monitor investigation of offences under the PoA Act. The

Cell is headed by the Inspector General of Police, CID, Jharkhand. A

Special Cell has also been set up in every district.




Section 3 as amended PoA Act.


SIXTY DAYS


Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016, in 51

cases, investigation and filling of the charge sheet was done within sixty

days and that in 67 cases investigation and filling of the charge sheet was

done later than sixty days.


A. NODAL OFFICER The Secretary, SC/ST/OBC & Minorities Welfare Department,

Government of Jharkhand has been appointed as a Nodal Officer.


AREAS

The Additional Collectors/Additional District Magistrates of all

twenty four districts have been appointed as Special Officers.


Special Police Stations are functioning in 22 districts in the State,

viz. Ranchi, Gumla, Simdega, Lohardaga, Chaibasa, Saraikela,

Jamshedpur, Hazaribagh, Koderma, Chatra, Giridih, Palamu, Latehar,

Garhwa, Dhanbad, Bokaro, Dumka, Godda, Jamtara, Deogarh,

Sahebgang and Pakur.


In the State, no area has been identified as atrocity prone area.


The Special Courts have been set up in 24 districts viz. Ranchi,

Gumla, Simdega, Lohardaga, Chaibasa, Saraikela, Jamshedpur,

Hazaribagh, Koderma, Chatra, Giridih, Palamu, Latehar, Garhwa,

Dhanbad, Bokaro, Dumka, Godda, Jamtara, Deogarh, Sahebgang, Pakur,

Ramgarh and Khunti.

5.10.9 PERODIC SURVEY

Periodic survey was conducted in 24 districts of the State.

5.10.10. PUBLICITY AND SENSITISATION OF OFFICERS

For creating awareness amongst public, 24 publicity/awareness

programmes were organized. During the year 2016, 702 Police officials

and 120 other officials were also sensitized.



rehabilitation.

5.10.12 LEGAL AID

Legal aid and other facilities were provided subjected to atrocities to

enable them to avail themselves of justice.


Traveling and maintenance expenses to victims of atrocities and

witnesses were provided in accordance with the PoA Rules, 1995.

5.11 KARNATAKA

5.11.1 COMMITTEE



Chairpersonship of the Chief Minister reviews implementation of the PoA

Act. During the year 2016, one meeting of this Committee was held.


District Level Committees have also been functioning under the

Chairpersonship of the District Magistrate in each District to review

implementation of the PoA Act. During the year 2016, 95 meetings were

held in 30 districts.

SUB-DIVISIONAL LEVEL VIGILANCE AND MONITORING COMMITTEES

The Sub-Divisional Vigilance and Monitoring Committees have also

been constituted under the Chairpersonship of Sub-Divisional Magistrate

to review implementation of the PoA Act. During the year 2016, 85

meetings were held in 30 Sub-Divisions.

.


The Civil Rights Enforcement Cell is functioning since 1975.

Subsequently the Cell was redesignated as Directorate of Civil Rights

Enforcement and is headed by an Additional Director General of Police.

The Directorate comprises of seven regional offices at Mysore, Mangalore,

Belgaum, Davanagere, Gulbarga and Bangalore, under the charge of a

Superintendent of Police. Four district units at Kolar, Tumkur, Bagalkot

and Bijapur districts are also functioning under the supervision of Deputy

Superintendent of Police.




Section 3 of the PoA Act as amended.


SIXTY DAYS





sheet was later than sixty days.


For the purpose of speedy trial of cases under the PoA Act, the

District Sessions Courts have been specified as Special Courts. Besides,

eight Exclusive Special Courts for trial of offences under the PoA Act are

functioning at Belagavi, Vijapura, Kalaburagi, Kolar, Mysuru, Raichur,

Ramnagar and Tumkuru districts.



Twenty two Special Public Prosecutors were specified for conducting

cases in the twenty two designated Special Courts. Further eight Exclusive

Special Public Prosecutors were specified for conduct the cases in 8

Exclusive Special Courts.

5.11.7 IDENTIFCATION OF ATROCITY PRONE AREAS

The Government of Karnataka has identified following atrocity prone

areas in the State: -

S.

No.

Identified Districts Specific areas within District identified

as 'atrocity prone' areas

1. Bangalore (U) -

2. Bangalore (R) -

3. Belagavi -

4. Ballari -

5. Vijapura -

6. Bidar -

7. Bagalkot -

8. Chikballapur -

9. Chikkamagaluru -

10. Chitradurga -

11. Chamaraja Nagar -

12. Dharwad

13. Dakshina Kannada

14. Davanagere

15. Gadag

16. Kalaburagi -

17. Haveri -

18. Hassan -

19. Kolar -

20. Koppal -

21 Kodagu (1) Virajpet Taluka Srimangala (2) Somwarpeth Taluka,

Hebbale

22 Mandya -

23 Mysuru Nanjanagudu Taluka, Kudlapura village,

Hunsur Taluka, Thipalapura and Hosurugate village

Piriyapattana Taluka, Rajanbeligali Mysurue Taluka, Madagalli village

24 Raichur -

25 Ramanagar -

26 Shimoga -

27 Tumakuru -

28 Udupi -

29 Uttara Kannada -

30 Yadgir Yadgiri Taluk Gajarkot

5.11.8. PUBLICITY AND SENSITISATION OF OFFICERS

During the year 2016, 1045 publicity and awareness programmes

were conducted. 652 Police officials and 1105 other officials were also sensitized.

5.11.9 CONTINGENCY PLAN

Government of Karnataka has issued notification, prescribing the

role and responsibility of the officers responsible for implementation of the

PoA Act.

5.11.10 LEGAL AID

The Karnataka Legal Services Authority extends free services to the

members of weaker sections including member of Scheduled Castes and

Scheduled Tribes whose annual income is below Rs. 25,000/-. The main

objective is to provide free legal aid and advice to the eligible persons

through State Legal Services Authority, High Court Legal Services

Committee, District Legal Services Authority and Taluk Legal Services

Committee. During the year 2016, 706 persons were provided legal aid.


Travelling and Maintenance expenses were provided to the victims of

atrocities as well as to witnesses. During the year 2016, 730 persons were

provided such expenses.

5.11.12 ECONOMIC & SOCIAL REHABILITATION


rehabilitation.

5.11.13 APPEALS FILED IN SUPERIOR COURTS IN CASES WHICH ENDED IN ACQUITTAL

During the year 2016, out of 955 cases which ended in acquittal,

appeals in 156 cases were filed in superior courts against acquittals.

5.12 KERALA

5.12.1 COMMITTEES


A State Level Vigilance and Monitoring Committee functions under

the Chairpersonship of the Chief Minister, to review implementation of the

PoA Act.


The District Level Vigilance and Monitoring Committees under the

Chairpersonship of District Collectors review implementation of the PoA

Act. During 2016, 54 meetings of these Committees were held in 14

districts.


A Special Cell at the State Police Head Quarters functions under the

supervision of the Additional Director General of Police and the Cell keeps

a watch over handling of cases under the Act. It also monitors cases

registered under the PoA Act as well as petitions presented by the

members of Scheduled Castes and Scheduled Tribes.




Section 3 of the PoA Act as amended.


SIXTY DAYS







In accordance with Rule 12 (4) and 12(4) (A) of the Scheduled Castes


2016, the relief and rehabilitation to the victims of offences of atrocities

was provided within seven day to 13 persons and in 176 persons relief

was provided later than seven days.


NODAL OFFICER

The Principal Secretary, Scheduled Tribes Development Department

has been appointed as a Nodal Officer.


No specific area has been identified as atrocity prone.


All Principal Sessions Courts in the State have been designated as

Special Courts. Three exclusive Special Courts have been set up at

Kottarakkara in Kollam, Manjeri in Malappuram and at Mananthavadi in

Wayanadu district.


Special Public Prosecutors were specified for conducting cases in

the designated Special Courts. Further three Exclusive Special Public

Prosecutors were specified for conduct the cases in 3 Exclusive Special

Courts.

5.12.10 SPECIAL MOBILE SQUADS

Three Mobile Squads have been set up in Palakkad, Wayanad and

Kasargod districts.

5.12.11 PUBLICITY AND SENSITISATION OF OFFICERS

During the year 2016, 283 publicity/awareness programmes were

conducted and 1538 Police officers and 11719 other officers were

sensitized.

5.12.12 LEGAL AID

During the year 2016, 135 persons belonging to Scheduled Caste

and Scheduled Tribe availed of the legal aid.


Travelling and Dearness Allowance, Maintenance and Transport

expenses were provided to the victims of atrocities as well as witnesses.

During the year 2016, 272 Scheduled Castes and Scheduled Tribes

persons were provided such expenses.


During the year 2016, 380 Scheduled Castes and Scheduled Tribes

atrocity victims were provided relief.


ENDED IN ACQUITTAL


appeal against acquittal was filed in three cases in superior court.

5.13 MADHYA PRADESH

5.13.1 COMMITTEES



Chairpersonship of the Chief Minister reviews implementation of the PoA

Act.


At the district level, District Level Vigilance and Monitoring

Committees have been functioning under the Chairpersonship of the

District Magistrate in each District to review implementation of the PoA

Act. During the year 2016, 171 meetings were held in 51 districts.


A Cell under the charge of the Additional Director General of Police

reviews implementation of the PoA Act. 51 Scheduled Caste Welfare

(Anusuchit Jati Kalyan) Thanas under the Cell are required to, inter-alia,

register cases of offences of atrocities.


AMENDED PoA ACT

During the year 2016, 6303 cases were registered.


SIXTY DAYS

In 1638 cases, investigation and filing of charge sheet was done

within sixty days and in 4765 cases investigation and filing of charge

sheet was done in later than sixty days.


A. INVESTIGATIING OFFICER

Deputy Superintendents of Police in all districts are the

Investigating Officers as required under Rule 7 of the PoA Rules.

B. NODAL OFFICER AT THE STATE LEVEL

A Secretary level officer has been nominated as a Nodal Officer

under Rule 9 of the PoA Rules.

C. SPECIAL OFFICER FOR DISTRICTS HAVING ATROCITY PRONE

AREAS

Under Rule 10 of the PoA Rules, at the district level, an officer of the

rank of Additional District Magistrate is the Special Officer in thirteen

districts namely Bhopal, Vidisha, Bhind, Murena, Seopur, Dewas,

Shajpur, Ratlam, Gwalior, Shivpuri, Chatarpur, Raisen and Betul.


Special Police Stations are functioning in 51 Districts namely

Gwalior, Shivpuri, Guna, Ashok Nagar, Morena, Sheopur, Bhind, Datia,

Ujjain, Mandsore, Neemuch, Ratlam, Dewas, Shajapur, Jabalpur, Katni,

Chhindwara, Seoni, Narsinghpur, Mandla, Dindory, Balghat, Rewa, Satna,

Sidhi, Shahdole, Umaria, Anooppur, Hoshangabad, Harda, Raisen, Betul,

Bhopal, Sehore, Rajgarh, Vidisha, Indore, Dhar, Jhabua, Khargone,

Barwani, Khandwa, Burhanpur, Sagar, Damoh, Panna, Chhatarpur,

Tikamgarh, Singruali Alirajpur and Agar Malwa, to investigate offences of

atrocities against members of Scheduled Castes and Scheduled Tribes.


In the State, 13 districts have been identified, where members of SCs

and STs are likely to be subjected to atrocities.

S. No.

Districts S. No.

Police Stations Number of Village/ Mohalla

1. Bhopal 1 Khajuri Sadak 01.Bairagarh Kala

Total 1 01

2. Vidisha 1 Kotwali 01. Mohangiri

2 Kotwali 02. Lohangi Mohalla

Total 2 02

3. Bhind 1 Dehat 01

Total 1 01

4. Morena 1 Station Road Thana 01. Tussipura

2 Station Road Thana 02.Subhash Nagar

3 Kotwali 03.Gopalpura

4 Ambah 04.Pootha Vadfara

Total 4 04

5. Seopur 1 Karahal 01. Karahal

Total 1 01

6. Dewas 1 Kannod 01. Kannod

2 Khategaon 02. Bagda

3 Khategaon 03. Sandalpur

4 Khategaon 04. Kanabugurga

5 Khategaon 05. Badibarecha

6 Khategaon 06. Gannora

7 Satwas 07. Bhandaria

8 Bagli 08. Ismailkhedi

9 Bagli 09. Kamalpur

10 Bagli 10. Punjapura

11 Bagli 11. Karnavad

12 Bagli 12. Mankundi

13 Bagli 13. Khajuria

14 Sonkachh 14. Chhayanmena

15 Pipalrawa 15. Pipalrawa

16 Pipalrawa 16. Surjana

17 Pipalrawa 17. Deharipeth

Total 17 17

7. Shajapur 1 Sujalpur Mandi 01. Mandi Sujalpur

Total 1 01

8. Ratlam 1 A lot 01. A lot

2 Namli 02. Namli

Total 2 02

9. Gwalior 1 Hajira 01. Hajira Chauraha

Total 1 01

10. Shivpuri 1 Kotwali 01. Lalmati Fatehpur

2 Narwar 02. Magroni

Total 2 02

11. Chhatarpur 1 Maharajpur 01. Kasba Maharajpur

2 Maharajpur 02. Maharajpur

Total 2 02

12. Raisen 1 Obedullah ganj 01. Arjun Nagar

Total 1 01

13. Betul 1 Betul 01. Sadar

2 Betul 02. Hamlapur

3 Betul 03. Kothi Bajar

4 Betul 04.Ganj

5 Betul 05. Tikari

6 Betul 06. Sarani

7 Betul 07. Pathakheda

8 Betul 08. Shobhapur

Total 8 08

Grand total 1 to 13 42 42


Apart from seven Special Courts at Anooppur, Ashok Nagar,

Umaria, Dindorie, Burhanpur, Alirajpur and Singruli, 43 Exclusive

Special Courts are functioning at Gwalior, Shivpuri, Guna, Morena,

Sheopur, Bhind, Datia, Ujjain, Mandsore, Neemach, Ratlam, Dewas,

Shajapur, Jabalpur, Katni, Chindwara, Seoni, Narsinghpur, Mandla,

Balaghat, Rewa, Satna, Sidhi, Shahdole, Hoshangabad, Harda, Raisen,

Betul, Bhopal, Sehore, Rajgarh, Videsha, Indore, Dhar, Jhabua,

Khargone, Barwani, Khandwa, Sagar, Damoh, Panna, Chhatarpur and

Tikamgarh.


At present seven Special Public Prosecutors have been specified in

the seven designated Special Courts and forty three Exclusive Special

Public Prosecutors have also been specified in 43 Exclusive Special

Courts, to conduct the cases of offence of atrocities under the PoA Act.

5.13.10 AWARENESS GENERATION

During the year 2016, 161 Seminars, 47 Sadhbhavna Shivirs, 65

Janjagran Shivirs and 41 Adarsh Gram Panchayat Purashkars were

organized and 7075 Police officials and 153 other officials were also

sensitized. The Additional Director General of Police (AJK), Madhya

Pradesh in a letter dated 18.05.2016 addressed to the Senior Police

Officers of the State has highlighted for necessary action, the important

amendments done in the PoA Amendment Act, 2015 and the PoA Rules,

2016.



As per the provision of Section 21{(2) (ii)} of the PoA Act and Rule 11

of the PoA Rules, the State Government provides travelling and

maintenance allowance to the witnesses and victims of offences of

atrocities. During the year 2016, an expenditure of Rs. 33.14 lakh was

incurred to provide such allowance to 3600 SC/ST persons.


During the year 2016, an expenditure of Rs. 5362.72 lakh was

incurred to provide relief and rehabilitation to 6303 SC/ST atrocity

victims.

14 MAHARASHTRA

5.14.1 COMMITTEES





The District Level Vigilance and Monitoring Committees function

under the Chairpersonship of the respective District Magistrates and

review implementation of the PoA Act. Similarly Divisional Vigilance and

Monitoring Committees meet every quarter and review the cases of

atrocities. During the year 2016, 404 district level meetings were held in

36 Districts and 19 meetings were held at Divisional level.


A Special Cell is functioning at the State Police Headquarters under

the supervision of Special Inspector General of Police with supporting staff

comprising of Superintendent of Police, Deputy Superintendent of Police,

Inspector, Sub Inspector, Assistant Police Inspector, Head Constables and

Police Constables etc. PCR unit has also been functioning in 36 districts of

the State.

Special machinery is also functioning in the Social Justice

Department. Special District Social Welfare Officers at all the district

places are required to implement the programmes to rehabilitate the

victims of atrocities as per provisions of the PoA Act and the PoA Rules.

5.14.3 NODAL OFFICER

A Secretary level officer has been nominated as the Nodal Officer as

per Rule 9 of the PoA Rules.


In each district, the Court of Session has been specified as a Special

Court to try the cases of offences of atrocities under the PoA Act.

Government has sanctioned Six exclusive Special Courts out of which

three exclusive Special Courts have been functioning at Nagpur,

Aurangabad and Mumbai (Thane).

5.14.5 PUBLICITY MEASURES

During the year 2016, 125 publicity and awareness programmes

were conducted. 805 police officials and 2049 other officials were also

sensitized.

5.14.6 LEGAL AID

During the year 2016, 1056 number of persons subjected to

atrocities were provided Legal Aid.


During the year 2016, 1440 atrocity victims were given relief.



As per the provision of Rule 11 of the PoA Rules, the State

Government provides travelling and maintenance allowance to the

witnesses and victims of offences of atrocities. During the year 2016, 121

persons belonging to Scheduled Castes and Scheduled Tribes were

provided such expenses.

5.14.9 PERODIC SURVEYS

During the year 2016, 17 periodic surveys were conducted in

Gadchiroli and Nanded districts.

5.14.10 APPEALS FILED IN SUPERIOR COURTS IN CASES WHICH ENDED IN ACQUITTAL

During the year 2016, 2049 cases ended in acquittal and appeals

against acquittals were filed in 94 cases in superior courts against

acquittals.

5.15 MEGHALAYA

5.15.1 COMMITTEES


A State Level Vigilance & Monitoring Committee under the



The District Level Vigilance & Monitoring Committees have been

constituted in all districts of the State, under the Chairpersonship of the

District Magistrate to review implementation of the PoA Act.

SUB-DIVISIONAL LEVEL VIGILANCE AND MONITORING COMMITTEES

The Sub-Divisional Vigilance and Monitoring Committees have also

been constituted under the Chairpersonship of Sub-Divisional Magistrate.


The Scheduled Castes and Scheduled Tribes Protection Cell has

been set up at the State Police Headquarters under the supervision of

Deputy Inspector General of Police (CID) with supporting staff comprising

of Special Superintendent of Police (CID).



Scheduled castes are likely to be subjected to atrocities.


The Courts of District and Sessions in Shillong, Jowai, Tura,

Nongpoh, Nongstoin and Willimnagar have been specified as Special

Courts to try cases under the PoA Act

5.15.5 SPECIFICATION OF SPECIAL PUBLIC PROSECUTOR AND EXCLUSIVE SPECIAL PUBLIC PROSECUTOR

Special Public Prosecutors have been appointed, to try cases under

the PoA Act in Special Courts.

5.16 MIZORAM


The Scheduled Castes and Scheduled Tribes Protection Cell has

been set up at the State Police Headquarters under the supervision of

Additional Director General of Police/Deputy Inspector General of Police

(CID) with supporting staff comprising of Special Superintendent of Police

(CID).



Scheduled castes are likely to be subjected to atrocities.


The Third Court of the Additional District Sessions Judge of Aizawl

has been specified as Special Courts, to try cases under the PoA Act, for

whole of Aizawl, Judicial District comprising of Aizawl, Kalasib, Mamia,

Champhai and Serchhip Administrative districts. Further, Court of the

Additional District Sessions Judge of Lunglei has been specified as Special

Courts, to try cases under the PoA Act, for whole of Lunglei Judicial

District comprising of Lunglei, Lawnngtlai and Siaha.

5.16.4 SPECIFICATION OF SPECIAL PUBLIC PROSECUTOR AND

EXCLUSIVE SPECIAL PUBLIC PROSECUTOR

Additional Public Prosecutors have been appointed, to try cases

under the PoA Act in Special Courts.

5.16.5 SPECIAL OFFICER

The SDPO of the eleven districts have been appointed as Special

Officers.

5.17 ODISHA

5.17.1 COMMITTEES


A State Level High Power Vigilance and Monitoring Committee under

the Chairpersonship of the Chief Minister reviews implementation of the

PoA Act.


District Level Vigilance and Monitoring Committees have also been

functioning under the Chairpersonship of District Magistrate in all the

districts to review implementation of the PoA, Act. During the year 2016,

48 meetings were held in 36 districts.

SUB DIVISIONAL LEVEL VIGILANCE AND MONITORING COMMITTEE

All Collectors and Sub-Collectors have been requested to constitute

the Sub Divisional Level Vigilance and Monitoring Committees vide STSC

Development Department’s letter dated 4.1.2014 as required under Rule

17A of the PoA Rules, 2013. Sub Divisional Level Vigilance and Monitoring

Committees have been constituted in most of the District and meetings

were held in the concerned districts. During the year 2016, 12 meetings

were held in 36 districts.


The Government of Odisha has constituted Scheduled Castes and

Scheduled Tribes Protection Cell under the charge of Additional Director

General of Police, Human Rights Protection Cell (HRPC) in the State Police

Headquarters at Cuttack in accordance with Rule 8 of the PoA Rules.

The State Government has also constituted District Human Right

Protection Cells to deal with atrocities against members of Scheduled

Castes and Scheduled Tribes.


AMENDMENT PoA ACT

All Police Stations of Odisha have been suitably instructed to

register the FIR in accordance with the provisions of Rule 7(2) of PoA

Rules and Section 4(2) (e) of the PoA Amendment Act, 2015. Accordingly

registration of FIR is done. They have also been instructed to file charge

sheet within stipulated period of sixty days as envisaged in said Rule and

Act.


SIXTY DAYS

Instructions have been issued to field level/officers linked to

investigation of atrocity cases for filling charge sheet with stipulated

period of sixty days in accordance with Rule 7 (2) of the Scheduled Castes


2016.

5.17.5 SPECIFICATION AN APPROPRIATE SCHEME TO ENSURE

IMPLEMENTATION OF THE RIGHTS AND ENTITLEMENTS OF

VICTIMS AND WITNESSES IN ACCESSING JUSTICE

Towards implementing provision of Section 15(A) (ii) of the PoA Act,

following steps have been taken by the State Government.

Copy of recorded FIR is being provided to the complaint in free of

cost in all Police Stations of Odisha.

District Magistrate/Collector looks into the matter for providing

immediate relief in cash or kind to the atrocity victims or their

dependents.

Police is provided necessary protection to the atrocity victims and

their dependents.

Police is providing information about the rights of atrocity victim at

the time of making complaint and registering FIR.

Police is providing protection to the witnesses of victims from

intimidation and harassment.


Atrocities) Amendment Act, 2015 and PoA Rules, 2016 have been

widely circulated with instruction to strictly implement of PoA Act.

Necessary precautions are being taken at the time of medical

examination.

Information regarding relief amount are being provided to atrocity

victim or their dependents and associates organization or

individuals.

Information in respect of dates, place of investigation and trial are

being provided by police to atrocities victim or their dependent or

associated organization or individuals.

Adequate briefing on the case and preparation for trial to atrocity

victim or their dependents or associates or individual are being

given by police along with provision of legal aid for the said

purpose.

Necessary assistance for execution of rights of atrocity victims of

their dependent or associated organizations or individuals are being

provided by police at every stage of proceedings under the Act.


A. NODAL OFFICER

Secretary, Scheduled Tribes and Scheduled Castes Development

Department has been nominated as a Nodal Officer as per Rule 9 of the

PoA Rules.


AREAS

The Additional District Magistrates of the concerned districts are the

Special Officers as per Rule 10 of the PoA, Rules.


The Home Department of the State has identified following atrocity

prone areas in the State: -

S.No. District Atrocity Prone Areas

1. Angul Angul (Pallahara, Chhendipada, Jarapada

Police Stations areas).

2. Bhadrak Bhadrak (Bhadrak town, Rural (Sadar), Naikanidihi, Dhusuri, Bansada Police Station areas).

3. Boudh Boudh (Boudh, Baunsuni, Manamudna, Kantamal, Purunakatak, Harbhanga, Police

Stations areas).

4. Balasore Balasore (Balasore Town, Khantapara,

Industrial Areas, Oupada, Singla, Sadar Police stations areas).

5. Cuttack Cuttack (Baramba, Niali, Govindpur Police Stations areas).

6. Dhenkanal Dhenkanal (Sadar, Gondia Police Stations areas).

7. Deogarh Deogarh (Entire Deogarh District in all the 4 Police Stations areas)

8. Kandhamal Kandhamal (Entire Kandhamal District is the

atrocity prone area as intimated by the S.P.Kandhamal).

9. Kalahandi Kalahandi (Dharmagarh, Junagarh, Jaipatna, Koksara, Sadar, Kegaon and Bhawanipatna

Town Police Stations areas).

10. Khurda Khurda (badagada, Lingaraj, Balianta, Balugaon, Banapur, Jankia, Balipatna,

Khandagiri Police Stations areas).

11. Keonjhar Keonjhar (Keonjhar Town, Sadar, Patna,

Ghasipura, Ghatagaon, Anandapur, Champua, Joda, Barbil Police Stations.

Areas).

12. Mayurbhanj Mayurbhanj (Baripada Town, Bangripose, Khunta, Udala, Thakurmunda, Karanjia,

Jharpokharia, Rasagovindanpur, Barsahi, Police Stations areas)

13. Nuapada Nuapada (Sinapali Block area)

14. Puri Puri (Sadar, Town, Sea-Beach, Chandrapur,

Satyabadi, Brahmagiri, Delang, Kanas, Pipili, Gop, Balanga, Nimapada-krushnaparsad Police Stations Areas)

15. Sonepur Sonepur (Sonepur, Birmaharajpur Police Stations areas).

16. Sundergarh Sundergarh (Sundergarh Town, Sadar, Lephripada, Hemgiri, Bisra, Rajgangpur and

Sector-19 Police Stations areas)


Ninety two District and Sessions Courts and Additional District and

Sessions Courts have been designated as Special Courts, for the trial of

the offences under the PoA, Act. Three Exclusive Special Courts at

Cuttack, Bolangir and Balasore have also been set up.

5.17.9 SPECIFICATION OF SPECIAL PUBLIC PROSECUTORS

At present twenty nine Special Public Prosecutors have specified in

the ninety two designated Special Courts and three Exclusive Special

Public Prosecutors have also been specified in three Exclusive Special

Courts, to conduct the cases of offence of atrocities under the PoA Act.


The field Officers of the Scheduled Castes and the Scheduled Tribes

Development Department usually contact the villagers in course of their

field visits for creating awareness and gathering their problems if any.

Sanjog Helpline No. 155335 (24x7) has also been installed in ST and SC

Development Department to receive grievances members of SCs and STs.

Besides, all the District Collectors have been instructed to set up

awareness campaign with the help of NGOs by organizing workshop in

identified areas in District. All District Magistrates/SPs have been

instructed to display through hoardings. The salient features of PoA Act in

Odiya version at all the Police Stations and other important public places

like Courts, District Headquarters etc for awareness of the general public

and members of SCs and STs. The ST and SC Development Department

through its Research and Training Institute (SCSTR&TI) has been

entrusted to generate awareness among SCs and STs about their

entitlements, if any atrocities are committed to them and various

measures taken for them for better implementation of the Act to prevent

them from atrocities. The Government has also been circulating IFC

materials among different communities in villages to make them aware of

the provisions of the PoA Act. The Government through NGOs has also

been trying to generate awareness and sensitize SCs and STs communities

about the provisions of the PoA Act and types of atrocities committed

against them. The Government has translated the PoA Act and PoA Rules

in all tribal languages and has circulated throughout the State. Further

Radio jingles, short documentary film/ Audio –visual spots have also been

broadcasted/transmitted/telecasted to generate awareness among the

general public.

During the year 2016, 76 training programmes were conducted by

SCSTRTI. BPSPA Bhubaneswar, NGO and Audio-visual spots were shown

in 13 TV Channels during Cart Festival-2016. 4665 participants had

participated in training programmers. As per State HRPC, Odisha vide

letter dated 24.9.2016, all range Inspector General of Police of Odisha and

Commissioner of Police have been requested to organize quarterly training

programme in their Range level for sensitizing the police and other

personnel towards proper implementation of the amended PoA Act and

PoA Rules. The district SPs also told steps to sensitize their field officers

towards proper implementation of the Act.

5.17.11 LEGAL AID

Legal Aid is given to persons belonging to Scheduled Castes under

the Legal Aid and Advice Scheme, 1981, which is administered by the Law

Department. Besides that the Scheduled Castes/Scheduled Tribes

litigants are also given legal aid under a Scheme in operation by the

Scheduled Tribes and Scheduled Castes Development Department to

fight-out cases to establish their right, title, interest and possession over

the disputed land.

In order to provide legal aid to SC and ST litigants, 390 Legal Aid

Cells have been opened. So far 421 Legal Retainers/Advocates have been

engaged in different Legal Aid Cells


During the year 2016, an amount of Rs.713.71 lakhs was released

towards economic and social rehabilitation of 1715 victims of atrocities.



The Government of Odisha has revised maintenance expenses to the

witnesses and victims of offences of atrocities from Rs.20/- to 100/- for

Diet expenses and from Rs.50/- to Rs. 200/- for maintenance expenses.

5.17.14 IMPLEMTATION OF PLAN FOR EFFECTIVELY

IMPLEMENTING PROVISION OF THE ACT AND ITS NOTIFICATION IN THE STATE GAZETTE

Copies of Gazette Notification of Government of India

regarding the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Amendment Act, 2015 (No. 1 of

2016) and the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Amendment Rules, 2016 have been

circulated to all concerned vide ST and ST Development

Department letter dated 20.03.2016 and 18.06.2016 with a

request for its proper implementation. These amended Act

and Rules have also been republished in Odisha Gazette

Notification dated 2.4.2016 and 09.08.2016 respectively and

the said notifications have also been circulated to all

concerned vide letter dated 29.11.2016 with instructions for

its proper implementation.

SCs and STs Protection Cell, HRPC, Odisha has issued letter

dated 10.8.2016 addressed to all concerned District

Superintendent of Police including DCP for strict

implementation of amended PoA Act and Rules as well as

spreading public awareness in the respective districts.

SCs and STs Protection Cell, HRPC, Odisha vide letter dated

17.9.2016 has also issued to all SSP including DCP and SRP

Roulkela with a request to prominently display the salient

features in all Police Stations/prominent places and take

steps to be sensitization of the Police Personnel for proper

implementation of the said Act and Rules.

SCs and STs Protection Cell, HRPC, Odisha vide letter dated

13.6.2016 issued to Commissioner of Police and all IGPs/

DIGs had requested for organizing one day training

programme in their respective ranges.

5.17.15 REVIEW OF PERFORMANCE OF PUBLIC PROSECUTORS

During the year 2016, Director Public Prosecution, along with

District Magistrate and Superintendent of Police have conducted review of

the performance of the Special Public Prosecutors in districts of Rayagada,

Sambalpur, Bolangir, Kalahandi and Nayagarh. Director, Public

Prosecutions also holds joint review meetings with the District Magistrate

to review the performance of the Special Public Prosecutor as per the

Rules.

5.18 PUNJAB

5.18.1 COMMITTEES


The State Level Vigilance and Monitoring Committee set up under

Chairpersonship of the Chief Minister, reviews implementation of the PoA,

Act.


Likewise the Districts level Vigilance and Monitoring Committees

review implementation of the PoA, Act at the District level. During the

year 2016, 48 meetings were held in 17 districts in the State.


Sub Divisional Level Vigilance and Monitoring Committees have

also been constituted and during the year 2016, 32 meetings were held in

22 districts, to review implementation of the PoA Act.

5.18.2 STATE LEVEL SC/ST PROTECTION CELL

A special SC/ST Cell headed by the Superintendent of Police with

supporting staff under the control of Director, Bureau of Investigation

(Additional Director General of Police (Crime) is functioning at the Police

Headquarters. The SC/ST Cells are also functioning at the district level

under the control of Senior Superintendent of Police, to reviews cases of

offences of atrocities against members of Scheduled Castes.


AMENDMENT PoA ACT

127 cases were registered during the year 2016.


SIXTY DAYS

During the year 2016, in 21 cases, investigation and filling of charge

sheet was done within sixty days and that in 54 cases investigation and

filling of charge sheet was done later than sixty days.


Special Courts are functioning under the senior most Additional

Session Judge, to try the offences under the PoA Act. 17 Special courts are

functioning in the districts of Amritsar, Bathinda, Ferozepur, Faridkot,

Fatehgarh Sahib, Gurdaspur, Hoshiarpur, Jalandhar, Kapurthala,

Ludhiana, Mansa, Moga, Mukatsar Sahib, Patiala, Ropa Nagar, Sangrur

and Shahid Bhagat Singh Nagar.


In the State all the Public Prosecutors have been specified as Special

Public Prosecutors, to conduct the cases of offence of atrocities under the

PoA Act.


There is no atrocity prone area in the State where the members of

Scheduled Castes are likely to be subjected to atrocities.

5.18.8 PUBLICITY

During the year 2016, seminars and mass lunch at

Block/District/State level were organized. Boards have been installed at

prominent public places, highlighting the provisions of the PoA Act. Copies

of the PoA, Act have also been translated in regional language and

distributed among the masses free of cost.

Inputs of the PoA Act have been provided during the basic training

of newly recruited Deputy Superintendent of Police, Sub-Inspectors and

Constables. The PoA Act also forms an integral part of the syllabus of all

promotional courses conducted at Punjab Police Academy, Phillaur. In

addition, special workshops on PoA Act have also been organized in the

Punjab Police Academy for Gazetted and Non-Gazetted officers.

5.18.9 LEGAL AID

Under Rule 12 of the Punjab Legal Service Authority Act, 1987, free

legal aid is provided to the members of Scheduled Castes. During the year

2016, legal aid was provided to 12 Scheduled Castes persons.



Travelling and maintenance expenses to victims of atrocities and

witnesses are provided as per the PoA Rules.


. During the year 2016, relief amount was provided to 631 atrocities

victims.

5.18.12 CONTINGENCY PLAN

State Government has prepared a model contingency plan as per

Rule 15 of the PoA, Rules, to provide immediate required relief and

rehabilitation to the victims of atrocities.

5.19 RAJASTHAN

5.19.1 COMMITTEES

STATE LEVEL VIGLIANCE AND MONITORING COMMITTEE.


Chairpersonship of Chief Minister, reviews implementation of the PoA, Act.

DISTRICT LEVEL VIGLIANCE AND MONITORING COMMITTEE

The District Vigilance and Monitoring Committees also review

implementation of the PoA, Act. During the year 2016, 149 meetings were



A Civil Rights Cell is functioning in the Police Headquarters. This

Cell has been entrusted, inter-alia, with the task of prevention of offences

of atrocities. The Cell is headed by Superintendent of Police and works

under the supervision of Additional Director General of Police (Civil Rights)

with Deputy Inspector General of Police (Civil Rights) and other staff.

Further 36 SC/ST Cells have been set up, which are headed by a Deputy

Superintendent of Police and entrusted with the task to deal with offences

of atrocities. Enquiries/investigation are also conducted by the District

Magistrate, Superintendent of Police and Deputy Superintendent of Police.




SIXTY DAYS

During the year 2016, 1688 cases were charge sheeted in the court

and 2340 Final Reports were submitted within sixty days. Likewise, 791

cases were charge sheeted and in 871 Final reports were submitted later

than sixty days.


A. NODAL OFFICER

A senior Officer has been nominated as a Nodal Officer as per Rule

9 of the PoA Rules.

B. SPECIAL OFFICER FOR DISTRICTS HAVING ATROCITY PRONE AREAS

The Additional District Magistrates of the concerned districts have

been appointed as the Special Officers under Rule 10 of the PoA, Rules.


13 districts have been identified as atrocity prone in the State

namely Bharatpur, Alwar, Sriganganagar, Hanumangarh, Bhilwara,

Ajmer, Nagaur, Sikar, Pali, Dholpur, Jaipur Rural, Barmer and

Sawaimadhopur.


Out of total 33 Districts of the State, Exclusive Special Courts have

been set up in 25 districts viz. Jaipur, Ajmer, Kota, Jodhpur, Udaipur,

Bikaner, Pali, Merta (Nagaur), Alwar, Chittorgarh, Dausa, Ganganagar,

Jhalawar, Sawai Madhopur, Baran, Tonk, Bhilwara, Barmer, Bharatpur,

Bundi, Dholpur, Hanumangarh, Jhunjhunu, Karouli and Sirohi. In the

remaining 8 districts, Courts of District and Session Judge have been

specified as Special Courts to try offences under the Act.


Twenty five Special Public Prosecutors were specified to conduct the

cases in 25 designated Special Courts.

5.19.9 PUBLICITY

For publicity, mass awareness generation and sensitization of

officers, instructions were issued to Collectors to organize awareness

workshops and seminars. Social Justice and Empowerment Department

had sent pamphlets and posters regarding mass awareness to all Zilla

Parishads and Gram Panachyats. Number of districts organized the

seminars and workshops and also installed hoardings on features of the

PoA Act. During the year 2016, 14338 police officials were also sensitized

about the provisions of the PoA Act and the PoA, Rules.


In accordance with Rule 11 of the PoA Rules, travelling allowance,

daily allowance, maintenance expenses were provided to the victims of

atrocities, their dependents and witnesses.


In accordance with Rule 12 (4) and Rule 12(4A) of the PoA, Rules,

1995 members of Scheduled Castes and Scheduled Tribes are provided

relief. During the year 2016, 1729 persons were provided relief to

atrocities victims later than seven days.

5.19.12 LEGAL AID

Free legal aid is provided to the members of Scheduled Castes and

Scheduled Tribes. During the year 2016, legal aid was provided to 1501

persons.


ENDED IN ACQUITTAL


appeals against acquittals were filed in 112 cases in superior courts.

5.20 SIKKIM

5.20.1 COMMITTEES


As per Rule 16 of the PoA Rules, State level Vigilance and

Monitoring Committee has been constituted to review the implementation

of the PoA Act.

DISTRICT LEVEL VIGLIANCE AND MONITORING COMMITTEE

As per Rule 17 of the PoA Rules, District level Vigilance and

Monitoring Committees have been constituted to review implementation of

the PoA Act.


A Scheduled Castes and Scheduled Tribes Protection Cell has been

set up under the supervision of SSP/CID.


AMENDMENT PoA ACT

Two cases were registered as per provisions of the amended PoA Act.


SIXTY DAYS

In accordance with Rule 7(2) of the Scheduled Castes and the


one case investigation and filling of the charge sheeted was done within

sixty days and that two cases investigation and filling of the charge

sheeted was done later than sixty days.


There is no atrocity prone area in the State where members of

Scheduled Castes and Scheduled Tribes are subjected to atrocities.


District and Session Courts (North/East) at Gangtok and

(South/West) at Namchi have been designated as Special Courts to try the

cases under the PoA Act.



Two Special Public Prosecutors were specified to conduct the cases

in designated Special Courts.


Provisions of the PoA Act were translated into Lingua Franca and

widely circulated among the Panchayats, Collectorate Offices, NGOs and

members of Scheduled Castes and Scheduled Tribes. Besides, provisions

of the PoA Act were also displayed by a way of hoardings at public places

like Courts, Police Stations, District and Sub-Divisional Headquarters etc.

5.20.9 LEGAL AID

The State Government has implemented the Legal Services

Authorities Act in the State to provide legal aid to the victims of offences of

all crimes including atrocities on members of Scheduled Castes and

Scheduled Tribes, to enable them to avail justice. During the year 2016,

one person was provided legal aid.



In accordance with Rule 11 of the PoA Rules, travelling allowance,

daily allowance and maintenance expense were provided to the victims of

atrocities, their dependents and witnesses. During the year 2016, 5

persons in two districts were provided such facilities.

5.21 TAMIL NADU

5.21.1 COMMITTEES



Chairmanship of the Chief Minister has been reconstituted, to review

implementation of the PoA Act.


The District Level Vigilance and Monitoring Committees have been

constituted under the Chairpersonship of the District Collector to review

implementation of the PoA, Act, relief and rehabilitation facilities provided

to the atrocity victims and discuss other matters concerned with

prosecution of cases. During the year 2016, 53 meetings of these

committees were held in 32 districts.


As per Government Order dated 20.01.2015 of the Adi-Dravidar and

Tribal Welfare Department issued for the formation of Sub Divisional Level

Vigilance and Monitoring Committees in all the Revenue Divisions in the

Districts, such committees have been constituted in all revenue divisions

of 5 districts of Tamil Nadu. Strict instructions have been issued to the

District authorities for the early formation of Committees in all the

Revenue Divisions and to conduct the meetings regularly. During the year

2016, 4 meetings were held.


The Additional Director General of Police and Assistant Inspector

General of Police, Social Justice & Human Rights, monitor enforcement of

the PoA Act, and supervise functioning of the Social Justice and Human

Rights Units.

The PoA Act is enforced through 38 Social Justice and Human

Rights Units located at each of 38 district headquarters. Further, there are

mobile squads, which work for prevention and detection of cases of

atrocity. For collection of statistical information under the Act, a

Statistical Unit consisting of one Statistical Inspector is attached to each

Unit. The Inspector (Statistics) is assisted by the Staff of Social Justice

and Human Rights Units. The Inspector General of Police, Social Justice &

Human Rights Chennai monitors implementation of the PoA Act also

supervises the functioning of the Social Justice and Human Rights Units.


AMENDMENT PoA ACT

1476 cases were registered as per provisions of the amended PoA

Act.


SIXTY DAYS



247 cases, investigation and filling of the charge sheeted was done within


sheeted was done later than sixty days.




The provisions contained in Chapter IV A and Sub section 11 of

Section 15 A of the PoA Act as amended have been translated in Tamil

Nadu and circulated to all the officers concerned vide Government letter

dated 13.04.2017 with a request to follow the provisions scrupulously, so

as to ensure that the members of the Scheduled Castes/Scheduled Tribes

get the justice promptly. The said Chapter IV-A of amended PoA Act has

also been included in the preparation of Plan as per amended PoA Rules,

2016.


In accordance with Section 21 (20 (iii) of the PoA Act and Rule 12 (4)

and 12(4) (A) of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Amendment Rules, 2016, the relief and

rehabilitation to the victims of offences of atrocities provided within seven

day to 76 persons and in 840 persons were provided later than seven

days. The State Government has given authorization to the District

Magistrate for immediate withdrawal of money from treasury so as to

timely provide relief amount to atrocity victims.


A. NODAL OFFICER

The Secretary, Adi Dravidar and Tribal Welfare Department has

been appointed as the Nodal Officer for coordinating functioning of the

District Magistrates, Superintendents of Police and other officers

authorized for implementation of provisions of the PoA Act.

B. SPECIAL OFFICER

In accordance with Rule 10 of PoA Rules, 1995, Collectors in each of

the concerned district have been appointed as Special Officers.


The Social Justice and Human Rights Wing in Tamil Nadu has

identified 259 villages in 31 districts as ‘Atrocity prone’. In 7

Commissionerates, 18 villages were identified as ‘atrocity prone’ for the

year 2016.

The villages are surveyed by the Staff of Social Justice and Human

Rights Units in the districts and cases brought to the notice of

Superintendent of Police and District Collector for taking precautionary

and preventive measures to avoid any untoward incidents/clashes

between the Scheduled Castes and non Scheduled Castes.


Six Exclusive Special Courts have been set up for speedy disposal of

cases under the PoA Act, and are functioning at the following District

Headquarters:-

S. No. Name of the head

quarters

Jurisdiction over the Districts

1. Trichy Trichy Police District and Trichy.

2. Thanjavur Thanjavur, Nagapattinam and Thiruvarur.

3. Madurai Madurai Commissionerate and Madurai.

4. Thirunelveli Thirunelveli Police District, Thirunelveli. Thoothukudi and Kanyakumari.

5. Villupuram Villupuram and Cuddalore.

6. Sivagangai Sivagangai and Ramanathapuram.

These six courts cover eight districts and three Police Districts. In

the remaining districts, the existing Sessions Courts have been designated

as Special Courts, to try the cases under the PoA Act.



Thirty two Special Public Prosecutors were specified to conduct the

cases in designated Special Courts.


Refresher training courses for investigating officers were conducted

regularly by Police Training College and Tamil Nadu Police Academy and a

separate capsule course was designed for the purpose of creating

awareness among officers with regard to the provisions of PoA Act as

amended. During the year 2016, around 1500 Police Officers were

imparted training on the salient features of the PoA Act. The Government

also took steps to conduct training programme for the Revenue Officials

and officers concerned in implementing the PoA Act and PoA Rules.

“Manitha Neya Vara Vizha” (huminity Week Celebration) is

celebrated in all the districts from 24th to 30th January every year for

creating awareness. Publicity is given through Villupattu Artists. Besides,

community feasts are also arranged every year on 26th January, 15th

August, 2nd October and on important local holidays. Further, two

publicity wings, one at Tirichirapalli and another one at Chennai are

functioning to campaign for removal of untouchability. Under the select

Village Scheme, one village in each district is selected for the assistance

where untouchability is not practiced in any form and the people live in

harmony.


In accordance with Rule 12 (4) of the PoA Rules, the admissible

relief amount is provided to the victims of atrocities. During the year 2016,

1663 atrocity victims belonging to Scheduled Castes and Scheduled Tribes

were provided relief.

5.21.13 TRAVELLING AND MAINTENANCE EXPENSES

Travelling and maintenance allowance is provided to the victims,

their dependents and witnesses in accordance with the PoA, Rules. During

the year 2016, 71 persons were provided travelling and maintenance

expenses.

5.21.14 LEGAL AID

All cases requesting for free legal aid are brought under the Free

Legal Aid Scheme, implemented through the Tamil Nadu Legal Service

Authority.

5.21.15 ACTION TAKEN TO RECOGNISE/REWARD PERSONS

“Dr. B.R.Ambedkar Award” is given annually to the persons who

have done exemplary work for the Socio-Economic Development of the

Scheduled castes and Scheduled Tribes people. A sum of Rs. 1.00 lakh

and a gold medal is awarded to the eligible person every year.

5.22 TELANGANA

5.22.1 COMMITTEES


State Level Vigilance and Monitoring Committee has been

constituted to review the implementation of the PoA Act.


District Level Vigilance and Monitoring Committees are functioning

in all Districts under the Chairpersonship of the District Collectors.

During the year 2016, 15 meetings were held in 10 districts of the State.


A SC and ST Protection Cell at the State Level is headed by an

Inspector General of Police (CID) and functions under the control and

supervision of Additional Director General of Police (CID). There are a total

of 28 Police Units in the State i.e. 9 Commissionerate, 18 Police District

and 1 Railway Police District. The cases of atrocities against member of

Scheduled Castes and Scheduled Tribes are registered by these 28 Police

Units. Further, there are 8 Regional offices of Crime Investigation

Department located at Warangal, Khammam, Cyberabad, Sangareddy,

Nizamabad, Mahabubnagar and Nalgonda Districts. The Deputy

Superintendent of Police at Regional offices also take up enquiries referred

by Additional Director General of Police, CID, Office of PCR Cell at CID,

Hyderabad are also entrusted with investigation and enquiry of important

atrocity cases.


A. NODAL OFFICER

The Director, Scheduled Castes Development Department has been

designated as the Nodal officer under Rule 9 of the PoA Rules, for

coordinating the functioning of District Magistrates and Superintendents of Police.

B. SPECIAL OFFICER

The Joint Collectors have been appointed as Special Officers, in the

districts which have atrocity prone areas.


The details of identified atrocity prone areas are as under: -

S.No. Identified District Number of villages in

the District, identified as atrocity prone.

1. CP Cyberabad 11

2. CP Karimnagar 43

3. CP Nizamabda 25

4. CP Rachakonda 18

5. CP Ramagundam 19

6. CP Siddipeta 22

7. CP Warangal 01

8. Bhupalapally 02

9. Adilabad 04

10. Jagityal 10

11. Jogulamba Gadwal 54

12. Komarbheem Asifabad 05

13. Mahabubabad 41

14. Medak 51

15. Nagarkurnool 34

16. Nirmal 27

17. Sangareddy 04

18. Suryapet 04

19. Vikarabad 45

20. Wanaparthy 47

Total 467


The Government of Telangana has specified Session Courts in all

Districts as Special Courts, besides 10 Exclusive Special Courts in the

districts of Secunderabad, Mahabubnagar, Medak at Sanga Reddy,

Karimnagar, Nizamabad, Khammam, Warangal, Nalgonda Ranga Reddy

and Adilabad.

5.22.6 SPECIAL PUBLIC PROSECUTORS

As per the Section 15 of the PoA Act, Additional Public Prosecutor in

each Special Court has been appointed to conduct trial of cases under the

PoA Act.

5.22.7 AWARENESS GENERATION

Sensitization and Training programmes were conducted on a regular

scale in the Police Academy for all levels from DSP level to Constables.

Workshops were held for field functionaries of Social Welfare, Police

and Revenue Departments. Boards on prominent provisions of the PoA Act

were displayed in Police Stations and Mandal Revenue Offices. Media

campaign was launched in AIR, Press and TSRTC buses. Awareness

workshops were organized by reputed NGOs. A compendium of

instructions and a handbook on guidelines to the Police Officers was

circulated to concerned Officers.



Travelling and maintenance expenses are provided to the victims,

their dependents and witnesses in accordance with the PoA Rules.

5.22.9 RELIEF AND REHABILITATION

The State Government provides relief and rehabilitation to the

victims of offences of atrocities in accordance with Rule 12 (4) of the PoA

Rules. During the year 2016, 605 victims of atrocities in 10 districts,

were provided relief.

5.22.10 LEGAL AID

The District Collector is the competent availing in the District to

grant legal aid.

5.23 TRIPURA

5.23.1 COMMITTEES


The State Level Vigilance and Monitoring Committee has been

constituted under the Chairpersonship of the Chief Minister.


District Level Vigilance and Monitoring Committees have been

constituted under the Chairpersonship of the District Magistrates. During

the year 2016, 3 meetings were held in North District.


Sub Divisional Level Vigilance and Monitoring Committees in all

the Sub Divisions in the Districts have been constituted. During the year

2016, 11 meetings were held.


3 cases were registered as per provisions of the amended PoA Act.


SIXTY DAYS



none of the case, investigation and filling of the charge sheeted was done

within sixty days.


The Cell is functioning in the Police Headquarters of the State.


There is no specific atrocity prone area in the State.


The Court of District Session Judge, West Tripura District,

Agaratala, South Tripura District, Udaipur, North Tripura District,

Kailashahar and Sepahijala District has been designated as a Special

Court for the trial of offences under the PoA Act.



Eight Special Public Prosecutors were specified to conduct

concerned cases in the designated Special Courts.

5.23.8 PUBLICY AND AWARENESS GENERATION

During the year 2016, 2 awareness programmes were conducted

and nine police officers were sensitized.


In accordance with PoA Rules, 1995 as amended, relief was provided

to victims of atrocities.

5.23.10 LEGAL AID

In the State of Tripura, legal aid to Scheduled Castes is provided

under the Legal Services Authorities Act, 1987.

5.23.11 PERIODIC SURVEY

Six surveys were conducted by the Dhalai District in Tripura.

5.24. UTTAR PRADESH 5.24.1 COMMITTEES


The State Level Vigilance and Monitoring Committee has been

constituted under the Chairpersonship of the Chief Minister, to review

implementation of the PoA Act.



constituted in every District under the Chairpersonship of the District

Magistrate, to review implementation of the PoA Act. During the year

2016, 147 meetings were held in 75 districts.


A Special Investigation Cell has been functioning at the State level.

This Cell comprises of an Additional Director General of Police, an

Inspector General of Police, a Deputy Inspector General of Police, a

Superintendent of Police, an Additional Superintendent of Police and nine

Dy. S.Ps. A Special Investigation Cell has also been set up in all Districts.

Each such Cell has one Sub-Inspector, one head constable and two

constables. Each Thana in each district in the State has a constable from

among Scheduled Castes and Scheduled Tribes and 23% of Thanas have

Sub-Inspectors/Inspectors from among SC/ST. The Deputy

Superintendent of Police is the investigating officer.

A Cell has also been functioning in Social Welfare Department,

under the supervision of Secretary, Social Welfare with supporting staff,

which looks after the redressal of grievances under the PCR and PoA Acts.


AMENDMENT PoA ACT



provisions of Section 3 of the PoA Act as amended.


NODAL OFFICER

The Special Secretary, Social Welfare Department has been

nominated as the Nodal Officer for coordinating functioning of the District

Magistrates, Superintendents of Police and other officers authorized for

implementation of provisions of the PoA Act.


No atrocity prone areas have been identified in the State.

5.24.6 EXCLUSIVE SPECIAL COURT

40 Exclusive Special Courts in the Districts of Farrukhabad, Unnao,

Basti, Banda, Etawah, Hamirpur, Gonda, Kanpur Nagar, Badaun,

Sultanpur, Barabanki, Bulandsahar, Gorakhpur, Varansi, Pilibhit, Etah,

Deoria, Jhansi, Faizabad, Agra, Kanpur Rural, Bairach, Lucknow, Jalaun

(Urai), Meerut, Gaziabad, Siddarth Nagar, Mirzapur, Chandoli, Balrampur,

Fatehpur, Gazipur, Mainpuri, Kannauj, Bareilly, Gautam Buddha Nagar,

Hardoi, Shravasti, Bagpat and Jyotiba Phule Nagar, have been set up to

conduct trial of offences under the PoA Act. Apart from this, in the

remaining 35 districts, Additional District and Session Judge Courts have

been designated as a Special Courts, to try offences of atrocities under the

PoA Act.

5.24.7 PUBLICITY

Workshops were organized for bringing awareness about the PoA

Act and the PoA Rules as amended from time to time. Special Enquiry Cell

has published a Handbook on PoA Act and the PoA Rules as amended and

distributed to all thanas in the districts of State. Posters and booklets

were also distributed and hoardings/banners were displayed in the

districts. Police Officers/officials were also sensitized. Besides, training

was also imparted to the police officials in refresher course at Moradabad

Training College. The syallbus on the PoA Act as amended has also been

included in the training courses for police officials of various training

institutes. During the year 2016, 10435 Police Officials were sensitized.


Travelling and maintenance expenses to witnesses including victims

of atrocities were provided as per PoA Rules, 1995. During the year 2016,

367 persons were provided travelling and maintenance expenses.


Financial assistance was provided to the victims of offences of

atrocities in accordance with the provisions of the PoA Rules. During the

year 2016, 11369 persons were provided relief.

5.24.10 LEGAL AID

The concerned District authorities provide free legal aid in all

Districts of the State. During the year 2016, 4328 persons were provided

such legal aid.

5.24.11 NON-SC/ST OFFICERS PUNISHED FOR WILFUL NEGLECT

OF DUTIES

For willful neglect of duties by such officer implement alias

provisions of the PoA Act, action against 18 officials was initiated in

different districts of the State.

5.25. UTTARAKHAND

5.25.1 COMMITTES


The State Level Committee has been constituted under the

Chairpersonship of the Chief Minister, to review implementation of the

PoA Act.


The District Level Committees have been constituted under the

Chairpersonship of the concerned District Magistrate, to review

implementation of the PoA Act. During the year 2016, 13 meetings were



Special Inquiry Cell has been set up in each district under the

supervision of Superintendent of Police for prompt action. The cases of

offences of atrocities against members of Scheduled Castes and Scheduled

Tribes regularly reviewed and whenever any case was reported, the same

was immediately registered under the PoA Act. These cases were

investigated by the Deputy Superintendent of Police.

5.25.3 REGISTRATION OF CASES AS PER PROVISIONS OF THE AMENDED PoA ACT

During the year 2016, 119 cases were registered.

5.25.4SPECIFICATION AN APPROPRIATE SCHEME TO ENSURE



Towards implementing provision of Section 15(A) (ii) of the PoA Act,

following steps have been taken by the State Government.

Copy of recorded FIR is being provided free of cost to the

complainant.

Visit and spot inspections to the place of occurrence of atrocity and

are under taken the District Magistrate/Collector looks into the

matter for providing immediate relief to the atrocity victims or their

dependents.

Police protection is provided to the atrocity victims and their

dependents.

5.25.5 INVESTIGATION AND FILING OF THE CHARGE SHEET WITHIN SIXTY DAYS

In 60 cases, investigation and filing of charge sheet was done within

sixty days and in 16 cases investigation and filing of charge sheet was

done in later than sixty days.


As per the Section 21{(2) (iii) of the PoA Act and Rule 12 (4) of the

PoA Rules, as amended, none of case in which relief amount was paid to

concerned person within seven days. In eight cases relief amount was paid

to concerned person later than seven days.


In each of the districts, the District and Session Courts have been

designated as Special Courts, for trial of cases of offences under the PoA

Act.



Three Special Public Prosecutors were specified to conduct the cases

in 3 designated Special Courts.


No atrocity prone areas have been identified in the State.

5.25.10 NODAL OFFICER

The Secretary, Social Welfare Department has been appointed as the

Nodal Officer for coordinating functioning of the District Magistrates,

Superintendents of Police and other officers authorized for implementation

of provisions of the PoA Act.


For awareness of the provisions of the PoA Act, workshops were

organized. Police officers were also sensitized and training were given to

them from time to time.


Financial assistance is provided to the victims of offences of

atrocities in accordance with the provisions of the PoA Rules. During the

year 2016, 35 persons were provided relief.


Travelling and maintenance allowance is provided to the victims,

their dependents and witnesses in accordance with the PoA Rules.

5.25.14 LEGAL AID

The concerned District authorities provide free legal aid to members

of SC/ST, in all Districts of the State. During the year 2016, four persons

were provided such legal aid.

5.26 WEST BENGAL

5.26.1 COMMITTEES


The State Level Vigilance and Monitoring Committee is functioning.

During the year 2016, the Committee held one meeting on 26.9.2016.


The District Level Vigilance and Monitoring Committees are

functioning. During the year 2016, 40 meetings of these Committees were


SUB-DIVISIONAL LEVEL VIGILANCE AND MONITORING COMMITTEE

The Sub-Divisional Level Vigilance and Monitoring Committees are

also functioning. During the year 2016, 70 meetings were held in 20

districts.


The State Government has set up a Scheduled Castes and

Scheduled Tribes Protection Cell at the State level under the supervision

of the Inspector General of Police. The functions of the Cell are to identify

atrocity prone area and to conduct investigation of cases under the PoA

Act.


AMENDMENT PoA ACT





The Backward Classes Welfare Department, Government of West

Bengal had circulated a copy of the amended PoA Act to all Districts for

compliance and the same was also incorporated in the awareness

generation /sensitization programme undertaken by the Department. In

order to ensure the rights of victims and witnesses, as well as to meet

requirement for implementation of provision specified in Sub-Section 10 of

Section 15A, a sum of Rs. 5000/- was allotted to each district. The District

Magistrates were also instructed to provide immediate relief, protection etc

to victims and their dependents and witnesses and to take due steps in

order to ensure of Rights of Victims and Witnesses.


SIXTY DAYS

Charge sheet was framed within sixty days in each of the case

registered under the PoA Act.


Relief amount was sanctioned to all 48 victims within seven days as

mentioned in the Section 21(2) (iii) of the PoA Act and Rule 12(4) and Rule

12 (4A) of the PoA Rules, 1995 as amended. All District Magistrates have

been authorized for immediate withdrawal of money from the treasury.


A. NODAL OFFICER

In accordance with Rule 9 of the PoA, Rules 1995, the Principal

Secretary, Backward Classes Welfare Department has been nominated as

a Nodal Officer for coordinating the functions of the District Magistrate

and the Superintendent of Police.

B. SPECIAL OFFICER

No district in the State has been identified as an atrocity prone area.

However, in accordance with the provision of Rule 10 of the PoA, Rules

1995, the Additional District Magistrates of all districts, except Howrah

district have been appointed as Special Officers.


No area in any district of the State has been identified as atrocity

prone area.


The Courts of first Additional Session Courts have been designated

as Special Courts in each district except Kolkata, for trial of offences

under the PoA Act. Exclusive Special Courts have not been set up in the

State as no need was felt to do so.

5.26.10 SPECICATION OF SPECIAL PUBLIC PROSECUTORS

First Additional Session Courts has been designated as Special

Courts in all the Districts for trial of cases of offences of atrocities under the PoA Act. In all districts, Special Public Prosecutors have been appointed to conduct the cases of atrocities on SCs and STs in the Special

Court.

5.26.11 PUBLICITY

For spreading awareness, flex boards displaying the provisions of

the PoA Act were installed in Block Headquarters and conspicuous places.

Printed handbills containing provisions of the PoA Act were also printed

and distributed to generate awareness. During the year 2016, 168

publicity and awareness programmes were conducted. 1402 Police

personnels and 5039 other officers were also sensitized.

5.26.12 PERIODIC SURVEY

Periodic survey was done in eight districts.


During the year 2016, 48 victims of atrocities were provided relief.

5.26.14 LEGAL AID

Legal Aid is provided to the people living below poverty line, and to

members of Scheduled Castes and Scheduled Tribes. During the year

2016, 26 persons were provided legal aid.

5.27 ANDAMAN & NICOBAR ADMINISTRATION

5.27.1 COMMITTEES



Chairpersonship of Lt. Governor with other members has been constituted

to review implementation of the PoA Act. .

DISTRICT LEVEL VIGILANCE AND MONITORING COMMITTEES


constituted to review implementation of the PoA Act.

SUB DIVISIONAL LEVEL VIGILANCE AND MONITORING COMMITTEES

Sub Divisional Level Vigilance and Monitoring Committees have

been constituted for all sub-divisions except Port Blair.


A Special Cell consisting of Director General of Police, Inspector

General of Police, Superintendent of Police of all districts and Director

(TW) has been constituted by the Administration and is functioning to look

into the cases of atrocities against members of Scheduled Tribes.


No case has been registered as per the amended provisions of the

PoA Act.


A. INVESTIGATIING OFFICER Cases registered under the PoA Act are investigated by a Police

Officer of the rank of Deputy Superintendent of Police and above.

B. SPECIAL OFFICER

Some places adjacent to the Jarawa Reserve areas have been

identified where the members of Particularly Vulnerable Tribes (PVTGs)

are likely to be subjected to atrocities. Otherwise, no such atrocity prone

area has been identified in the UT. However, the Additional District

Magistrate, Port Blair and the Project Officer, ITDP Car Nicobar has been

designated as Special Officer in respect of Andaman and Nicobar District

respectively.


The Court of District and Session Judge, Andaman & Nicobar

Islands has been designated as a Special Court to try offences of atrocities

against members of Scheduled Tribes.


One Special Public Prosecutor has been specified for conducting

cases of offences of atrocities in the Special Court.

5.27.7 IMPLEMENTATION OF A PLAN FOR EFFECTIVELY IMPLEMENTING PROVISIONS OF THE ACT AND ITS

NOTIFICATION IN THE STATE GAZETTE


Atrocities) Amendment Act, 2015 and the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016 have

been re-notified in the Union Territory and implemented.

5.27.8 PUBILCITY AND AWARENESS


Atrocities) Amendment Act, 2015 and the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016 were

re-notified and copies thereof were made available to all Head of

Departments, Vigilance and Monitoring Committees and Tribal Councils.

Training programmes to sensitize the police were periodically carried out

by Police Department. The Police personnel posted in various police

stations took necessary action, as and when any complaint of atrocities

against member of a STs was reported.

5.27.9 LEGAL AID

Legal aid and other facilities were provided by the Judicial Court/A

& N Administration as and when required.


Travelling and maintenance expenses are being provided by the

Judicial Court/A & N Administration as and when required. In case of

atrocities against Particularly Vulnerable Tribes (PVTGs), travelling and

maintenance expenses were provided by AAJVS an autonomous body

under A & N Administration, constituted for the welfare and protection of

PVTGs.

5.28 CHANDIGARH ADMINISTRATION

5.28.1 COMMITTEES


A Vigilance & Monitoring Committee is functioning to review

implementation of the PoA Act under the Chairmanship of the Secretary,

Social Welfare, Chandigarh Administration. Last meeting of the Committee

was held on 11.8.2015.

5.28.2 SC AND ST PROTECTION CELL

The Union Territory Administration has set up a Scheduled Castes

and Scheduled Tribes Protection Cell under the supervision of the

Inspector General of Police.



In accordance with Rule 9 of the PoA, Rule, the Secretary, Social

Welfare Department has been appointed as a Nodal Officer for

coordinating the functions of the District Magistrate and the

Superintendent of Police.

B. SPECIAL OFFICER

There is no atrocity prone area in the UT, even though, in

accordance with Rule 10 of the PoA, Rule, the Director, Social Welfare

Department has been nominated as a Special Officer.

5.28.4 SESITIZATION OF OFFICERS A workshop on provisions of the PoA Act and PoA Rules as amended

was conducted on 07.02.2016 in Institute of Correctional Administration

(ICA), Chandigarh, to sensitize police officers, 40 police officers attended

the workshop.


There is no atrocity prone area in the Union Territory. 5.28.6 SPECIAL COURTS

The Court of First Additional Session Judge, Chandigarh has been

specified as a Special Court to try the offences under the PoA, Act.



The District Attorney, Chandigarh has been specified as the Public

Prosecutor for the purpose of conducting cases in the Special Court.

5.28.8 PUBILCITY AND AWARENESS

Awareness camps were organized by the Social Welfare Department

for publicity and awareness among masses about various provisions of the

Act. A workshop on the PoA Act was conducted in Institute of Correctional

Administration (ICA) to sensitize police officers to deal with the PoA Act

which was attended by 40 police officials.

5.28.9 LEGAL AID

Rules for providing legal aid to Scheduled Castes have been

formulated and notified in Chandigarh during the year 1992. No case of

legal aid was received during the year 2016.

5.29 DADRA AND NAGAR HAVELI

5.29.1 COMMITTEES


A Vigilance and Monitoring Committee at the Union Territory Level

is functioning to review implementation of the PoA Act.


The District Level Vigilance and Monitoring Committees under the

Chairpersonship of District Collectors review implementation of the Act.

5.28.2 SC & ST PROTECTION CELL

The SC and ST Protection Cell has been functioning in the UT of

Dadra and Nagar Haveli.



In accordance with Rule 9 of the PoA Rules, the Secretary, Social

Welfare Department has been appointed as a Nodal Officer for

coordinating the functions of the District Collector and the Superintendent

of Police.

B. SPECIAL OFFICER

There is no atrocity prone area in the UT, even though, in

accordance with Rule 10 of the PoA, Rule, a Special Officer has been

nominated.


There is no atrocity prone area in the Union Territory.


The District and Session Court, Dadra & Nagar Haveli has been

designated as a Special Court, for trial of cases under the PoA Act.

5.29.6 PUBLIC PROSECUTOR

The Public Prosecutor of the District and Session Court has been

appointed to deal with cases under the PoA Act.

5.29.7 PUBLICITY

Banners and hoardings on the provisions of the PoA Act have been

displayed at public places and police personnel of all ranks were

sensitized.

5.30 NATIONAL CAPITAL TERRITORY OF DELHI

5.30.1 COMMITTEE



Chairpersonship of the Chief Minister is functioning.



constituted in all the Districts.


The SC and ST Protection Cell has been set up in the Police

Headquarters under the supervision of Deputy Commissioner of Police

(Crime Branch) of Delhi Police.


Five cases were registered as per the amended provisions of the PoA

Act.


SIXTY DAYS

In 14 cases, investigation and filing of charge sheet was done within

sixty days and in 27 cases investigation and filing of charge sheet was

done in later than sixty days.


A. NODAL OFFICER AT THE STATE LEVEL

The Secretary, Department of Welfare of SC/ST/OBC and Minorities

has been nominated as a Nodal Officer.

B. SPECIAL OFFICER FOR DISTRICTS HAVING ATROCITY PRONE AREAS

Although there is no atrocity prone area identified in the UT, even

then eleven Additional Districts Magistrates have been appointed as

Special Officers.


There is no atrocity prone area in the Union Territory.

5.30.7 SPECIAL COURT

Eleven Special Courts have been specified as Special Courts for trial

of the offences under the PoA, Act.

5.30.8 PUBLICITY

The provisions of the PoA Act and PoA Rules were displayed in

every Police Station for the general public. During the year 2016, 2723

police officials were sensitized.


During the year 2016, eighteen victims of atrocities were provided

relief.

5.31 LAKSHAWDEEP

The entire indigenous population of the Union Territory has been

classified as Scheduled Tribes and in terms of religious classification, the

entire indigenous population is Muslim. There have been no offences of

atrocities in the Union Territory and as such setting up of Special Police

Stations and Special Courts was felt necessary. Thus, the information for

the year 2016 may be treated as ‘Nil’.

5.32 PUDUCHERRY

5.32.1 COMMITTIEES


The State Level Vigilance and Monitoring Committee in the Union

Territory of Puducherry under the Chairpersonship of the Chief Minister

has been constituted to review implementation of the PoA Act.


The PCR Cell is functioning under the direct supervision of the

Superintendent of Police in three enclaves of the Union Territory of

Puducherry, namely Karaikal, Puducherry and Yanam. Senior

Superintendent of Police (Crime & Investigation) and Director General of

Police, Puducherry are closely monitoring functioning of the PCR Cell. The

staff members of PCR Cell are frequently visiting rural and urban areas

and explaining the provisions of PoA Act to the public and to avoid any

hardship to members of Scheduled castes and Scheduled Tribes.

5.32.3 REGISTRATION OF CASES AS PER PROVISIONS OF THE AMENDED ACT

One case was registered under the PoA Act, as amended.


A. NODAL OFFICER

The Director, Adi-Dravidar and Tribal Welfare Department has been

nominated as a Nodal Officer.

B. SPECIAL OFFICER FOR DISTRICT HAVING ATROCITY PRONE

AREAS

Although there is no atrocity prone area identified in the UT, yet the

Director, Adi-Dravidar Department, Puducherry, Sub-Collector, Karaikal

and Regional Administrator, Mahe and Yaam have been appointed as

Special Officers.


There is no atrocity prone area in all the regions of the Union

Territory of Puducherry.


The Second Additional Session Court, Puducherry has been

designated as a Special Court for the whole of Puducherry, to try offences

under the PoA Act.

5.32.7 SPECIFICATION OF SPECIAL PUBLIC PROSECUTOR

An Assistant Public Prosecutor has been appointed for trial of cases

under the PoA Act.

5.32.8 DIRECTORATE OF PROSECUTION

The Directorate of Prosecution functioning under the control of Law

Department is guiding the Prosecution of cases registered by the PCR Cell.

5.32.9 LEGAL AID

Cases under the PoA Act affecting members of Scheduled Castes,

are pleaded by the Special Public Prosecutors in Puducherry region and by

the Assistant Public Prosecutors in Karaikal and Yanam regions.

5.32.10 TRAVELLING AND MAINTENCE EXPENSES

Travelling and daily allowance to witnesses is given by the Judicial

Department, Puducherry.


During the year 2016, 96 atrocities victims were provided relief.

5.32.12 PUBLICITY AND TRAING PROGRAMMES

During important national days, advertisement was released in local

news papers/magazines about the details of all socio economic and

educational schemes.

For sensitization of police personnel, contents of the PCR Act and

the PoA Act and the Rules there under are taught during their basic

training and in-service courses conducted at the Police Training School,

Puducherry.

5.33 OTHER STATES/UTS

Despite of several reminders, the material towards the annual report

for the year 2016 was not received from the States of Manipur, Nagaland

and Union Territory of Daman and Diu.

***

Annexure-I

(Para 3.1)

Offences of atrocities specified under Chapter-II of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989, as amended by the

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment

Act, 2015.

OFFENCES OF ATROCITIES

Punishment for offences of atrocities

3. ‘(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe.

(a) puts any inedible or obnoxious substance into the mouth of a

member of a Scheduled Caste or a Scheduled Tribe or forces

such member to drink or eat such inedible or obnoxious

substance;

(b) dumps excreta, sewage, carcasses or any other obnoxious

substance in premises, or at the entrance of the premises,

occupied by a member of a Scheduled Caste or Scheduled Tribe;

(c) with intent to cause insult or annoyance to any member of a

Scheduled Caste or a Scheduled Tribe, dumps excreta, waste

matter, carcasses or any other obnoxious substance in his

neighbourhood;

(d) garlands with footwear or parades naked or semi-naked a

member of a Scheduled Caste or a Scheduled Tribe;

(e) forcibly commits on a member of a Scheduled Caste or a

Scheduled Tribe any act, such as removing clothes from the

person, forcible tonsuring of head, removing moustaches,

painting face or body or any other similar act, which is

derogatory to human dignity;

(f) wrongfully occupies or cultivates any land, owned or in the

possession of or allotted to, or notified by any competent

authority to be allotted to, a member of a Scheduled Caste or a

Scheduled Tribe, or gets such land transferred;

(g) wrongfully dispossesses a member of a Scheduled Caste or a

Scheduled Tribe from his land or premises or interferes with the

enjoyment of his rights, including forest rights, over any land or

premises or water or irrigation facilities or destroys the crops or

takes away the produce therefrom.

Explanation.––For the purposes of clause (f) and this clause, the

expression “wrongfully” includes --

(A) against the person’s will;

(B) without the person’s consent;

(C) with the person’s consent, where such consent has been

obtained by putting the person, or any other person in whom the

person is interested in fear of death or of hurt; or

(D) fabricating records of such land;

(h) makes a member of a Scheduled Caste or a Scheduled Tribe

to do begar or other forms of forced or bonded labour other than

any compulsory service for public purposes imposed by the

Government;

(i) compels a member of a Scheduled Caste or a Scheduled Tribe

to dispose or carry human or animal carcasses, or to dig graves;

(j) makes a member of a Scheduled Caste or a Scheduled Tribe to

do manual scavenging or employs or permits the employment of

such member for such purpose;

(k) performs, or promotes dedicating a Scheduled Caste or a

Scheduled Tribe woman to a deity, idol, object of worship,

temple, or other religious institution as a devadasi or any other

similar practice or permits aforementioned acts;

(l) forces or intimidates or prevents a member of a Scheduled

Caste or a Scheduled Tribe–

(A) not to vote or to vote for a particular candidate or to vote in a

manner other than that provided by law;

(B) not to file a nomination as a candidate or to withdraw such

nomination; or

(C) not to propose or second the nomination of a member of a

Scheduled Caste or a Scheduled Tribe as a candidate in any

election;

(m) forces or intimidates or obstructs a member of a Scheduled

Caste or a Scheduled Tribe, who is a member or a Chairperson

or a holder of any other office of a panchayat under Part IX of the

Constitution or a municipality under Part IX A of the

Constitution, from performing their normal duties and functions;

(n) after the poll, causes hurt or grievous hurt or assault or

imposes or threatens to impose social or economic boycott upon

a member of a Schedule Castes or a Scheduled Tribe or prevents

from availing benefits of any public service which is due to him;

(o) commits any offence under this Act against a member of a

Scheduled Caste or a Scheduled Tribe for having voted or not

having voted for a particular candidate or for having voted in a

manner provided by law;

(p) institutes false, malicious or vexatious suit or criminal or

other legal proceedings against a member of a Scheduled Caste

or a Scheduled Tribe;

(q) gives any false or frivolous information to any public servant

and thereby causes such public servant to use his lawful power

to the injury or annoyance of a member of a Scheduled Caste or

a Scheduled Tribe;

r) intentionally insults or intimidates with intent to humiliate a

member of a Scheduled Caste or a Scheduled Tribe in any place

within public view;

(s) abuses any member of a Scheduled Caste or a Scheduled

Tribe by caste name in any place within public view;

(t) destroys, damages or defiles any object generally known to be

held sacred or in high esteem by members of a Scheduled Caste

or a Scheduled Tribe.

Explanation.––For the purposes of this clause, the expression

“object” means and includes statue, photograph and portrait;

(u) by words either written or spoken or by signs or by visible

representation or otherwise promotes or attempts to promote

feelings of enmity, hatred or ill-will against members of a

Scheduled Caste or a Scheduled Tribe;

(v) by words either written or spoken or by any other means

disrespects any late person held in high esteem by members of a

Scheduled Caste or a Scheduled Tribe;

(w) (i) intentionally touches a woman belonging to a Scheduled

Caste or a Scheduled Tribe, knowing that she belongs to a

Scheduled Caste or a Scheduled Tribe, when such act of

touching is of a sexual nature and is without the recipient’s

consent;

(ii) uses words, acts or gestures of a sexual nature towards a

woman belonging to a Scheduled Caste or a Scheduled Tribe,

knowing that she belongs to a Scheduled Caste or a Scheduled

Tribe.

Explanation.––For the purposes of sub-clause(i), the

expression “consent” means an unequivocal voluntary agreement

when the person by words, gestures, or any form of non-verbal

communication, communicates willingness to participate in the

specific act:

Provided that a woman belonging to a Scheduled Caste or a

Scheduled Tribe who does not offer physical resistance to any act

of a sexual nature is not by reason only of that fact, to be

regarded as consenting to the sexual activity:

Provided further that a woman’s sexual history, including

with the offender shall not imply consent or mitigate the offence;

(x) corrupts or fouls the water of any spring, reservoir or any

other source ordinarily used by members of the Scheduled

Castes or the Scheduled Tribes so as to render it less fit for the

purpose for which it is ordinarily used;

(y) denies a member of a Scheduled Caste or a Scheduled Tribe

any customary right of passage to a place of public resort or

obstructs such member so as to prevent him from using or

having access to a place of public resort to which other members

of public or any other section have a right to use or access to;

z) forces or causes a member of a Scheduled Caste or a

Scheduled Tribe to leave his house, village or other place of

residence:

Provided that nothing contained in this clause shall apply

to any action taken in discharge of a public duty.

za) obstructs or prevents a member of a Scheduled Caste or a

Scheduled Tribe in any manner with regard to –

(A) using common property resources of an area, or burial or

cremation ground equally with others or using any river, stream,

spring, well, tank, cistern, water-tap or other watering place, or

any bathing ghat, any public conveyance, any road, or passage;

(B) mounting or riding bicycles or motor cycles or wearing

footwear or new clothes in public places or taking out wedding

procession, or mounting a horse or any other vehicle during

wedding processions;

(C) entering any place of worship which is open to the public or

other persons professing the same religion or taking part in, or

taking out, any religious, social or cultural procession including

jatras;

(D) entering any educational institution, hospital, dispensary,

primary health centre, shop, public restaurant, hotel or place of

public entertainment; or any other public place; or using any

utensils or articles meant for public use in an any place open to

the public; or

(E) practicing any profession or the carrying on of any

occupation, trade or business or employment in any job which

other members of the public, or any section thereof, have a right

to use or have access to;

(zb) causes physical harm or mental agony of a member of a

Scheduled Caste or a Scheduled Tribe on the allegation of practicing witchcraft or being a witch; or

(zc) imposes or threatens a social or economic boycott of any

person or a family or a group belonging to a Scheduled Caste or

a Scheduled Tribe,

shall be punishable with imprisonment for a term which

shall not be less than six months but which may extend to five

years and with fine.


3 (2) Whoever, not being a member of a Scheduled Caste or a

Scheduled Tribe-, i) gives or fabricates false evidence intending thereby to cause,

or knowing it to be likely that he will thereby cause, any member

of a Scheduled Caste or a Scheduled Tribe to be convicted of an

offence which is capital by the law for the time being in force

shall be punished with imprisonment for life and with fine; and

if an innocent member of a Scheduled Caste or a Scheduled

Tribe be convicted and executed in consequence of such false or

fabricated evidence, the person who gives or fabricates such

false evidence, shall be punished with death;

(ii) gives or fabricates false evidence intending thereby to cause,

or knowing it to be likely that he will thereby cause, any member

of a Scheduled Caste or a Scheduled Tribe to be convicted of an

offence which is not capital but punishable with imprisonment

for a term of seven years or upwards, shall be punishable with

imprisonment for a term which shall not be less than six

months but which may extend to seven years or upwards and

with fine;

(iii) commits mischief by fire or any explosive substance

intending to cause or knowing it to be likely that he will thereby

cause damage to any property belonging to a member of a

Scheduled Caste or a Scheduled Tribe, shall be punishable with

imprisonment for a term which shall not be less than six

months but which may extend to seven years and with fine;

iv) commits mischief by fire or any explosive substance

intending to cause or knowing it to be likely that he will thereby

cause destruction of any building which is ordinarily used as a

place of worship or as a place for human dwelling or as a place

for custody of the property by a member of a Scheduled Caste or

a Scheduled Tribe, shall be punishable with imprisonment for

life and with fine;

(v) commits any offence under the Indian Penal Code (45 of

1860) punishable with imprisonment for a term of ten years or

more against a person or property on the ground knowing that

such person is a member of a Scheduled Caste or a Scheduled

Tribe or such property belongs to such member, shall be

punishable with imprisonment for life and with fine;

“(va) commits any offence specified in the Schedule, against a

person or property, knowing that such person is a member of a

Scheduled Caste or a Scheduled Tribe or such property belongs

to such member, shall be punishable with such punishment as

specified under the Indian Penal Code for such offences and

shall also be liable to fine”;

(vi) knowingly or having reason to believe that an offence has

been committed under this Chapter, causes any evidence of

the commission of that offence to disappear with the intention

of screening the offender from legal punishment, or with that

intention gives any information respecting the offence which he

knows or believes to be false, shall be punishable with the

punishment provided for that offence; or

vii) being a public servant, commits any offence under this

section, shall be punishable with imprisonment for a term which

shall not be less than one year but which may extend to the

punishment provided for that offence.


“4. (1) Whoever, being a public servant but not being a member

of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his

duties required to be performed by him under the Act and the

rules made thereunder, shall be punishable with imprisonment

for a term which shall not be less than six months but which

may extend to one year.

(2) The duties of public servant referred to in sub-section (1)

shall include––

(a) to read out to an informant the information given orally, and

reduced to writing by the officer in charge of the police station,

before taking the signature of the informant;

(b) to register a complaint or a First Information Report under

this Act and other relevant provisions and to register it under

appropriate sections of the Act;

(c) to furnish a copy of the information so recorded forthwith to

the informant;

(d) to record the statement of the victims or witnesses;

(e) to conduct the investigation and file charge sheet in the

Special Court or the Exclusive Special Court within a period of

sixty days, and to explain the delay if any, in writing;

(f) to correctly prepare, frame and translate any document or

electronic record;

(g) to perform any other duty specified in the Act or the rules

made thereunder:

Provided that the charges in this regard against the public

servant shall be booked on the recommendation of an

administrative enquiry.

(3) The cognizance in respect of any dereliction of duty referred

to in sub-section (2) by a public servant shall be taken by the

Special Court or the Exclusive Special Court and shall give

direction for penal proceedings against such public servant.”

***

ANNEXURE II (A) (Para 3.4)

STATE-WISE NUMBER OF CASES OF OFFENCES OF ATROCITIES AGAINST MEMBERS OF SCHEDULED CASTES REGISTERED BY POLICE AND THEIR DISPOSAL UNDER THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 IN CONJUNCTION

WITH THE IPC DURING THE YEAR 2016 S. No. State / UT Number of

cases pending from previous year

Number of cases registered during 2016

Number of cases with police during 2016 including B.F.

Number of cases withdrawn by the Government during investigation

Number of cases closed by Police after investigation

Cases in which charge sheets were not laid but final report as true submitted during the year

Number of cases charge sheeted in courts

Number of cases pending with police at the end of 2016

1. Andhra Pradesh 2147 2335 4482 0 815 16 1206 2445

2. Arunachal Pradesh 0 0 0 0 0 0 0 0

3. Assam 3 4 7 0 0 0 3 4

4. Bihar 4079 5701 9780 0 205 46 5218 4311

5. Chhattisgarh 58 243 301 0 0 2 250 49

6. Goa 5 10 15 0 1 2 3 9

7. Gujarat 112 1321 1433 13 52 18 1197 153

8. Haryana 87 639 726 0 168 4 465 89

9. Himachal Pradesh 27 115 142 0 26 1 84 31

10. Jharkhand 921 525 1446 0 99 115 281 951

11. Karnataka 828 1866 2694 0 349 15 1488 842

12. Kerala 536 810 1346 2 230 32 444 638

13. Madhya Pradesh 244 4922 5166 0 50 2 4611 503

14. Maharashtra 816 1736 2552 1 240 20 1484 807

15. Manipur 2 2 4 0 0 0 3 1

16. Meghalaya 0 0 0 0 0 0 0 0

17. Mizoram 0 0 0 0 0 0 0 0

18. Nagaland 0 0 0 0 0 0 0 0

19. Odisha 1292 1796 3088 0 332 42 1432 1282

20. Punjab 137 132 269 0 51 6 82 130

21. Rajasthan 732 5134 5866 0 2943 11 2391 521

22. Sikkim 0 1 1 0 0 0 0 1

23. Tamil Nadu 612 1287 1899 0 174 96 991 638

24. Telangana 956 1529 2485 0 280 75 780 1350

25. Tripura 0 0 0 0 0 0 0 0

26. Uttar Pradesh 1575 10426 12001 0 411 1624 8387 1579

27. Uttarakhand 24 65 89 0 3 10 39 37

28. West Bengal 197 119 316 0 1 8 127 180

29. A & N Islands 0 0 0 0 0 0 0 0

30. Chandigarh 1 1 2 0 0 0 0 2

31. D & N Haveli 0 0 0 0 0 0 0 0

32. Daman & Diu 2 0 2 0 0 0 0 2

33. Delhi 53 53 106 0 0 3 32 71

34. Lakshadweep 0 0 0 0 0 0 0 0

35. Puducherry 1 2 3 0 0 0 1 2

Total 15447 40774 56221 16 6430 2148 30999 16628

Note:- The SCs and the STs (PoA) Act, 1989 does not extend to State of Jammu & Kashmir. Source: National Crime Records Bureau, Ministry of Home Affairs, Government of India, New Delhi.

ANNEXURE II (B) (Para 3.4)

STATE-WISE NUMBER OF CASES OF OFFENCES OF ATROCITIES AGAINST MEMBERS OF SCHEDULED TRIBES REGISTERED BY POLICE AND THEIR

DISPOSAL UNDER THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 IN CONJUNCTION WITH THE IPC DURING THE YEAR 2016

S. No. State / UT Number of cases pending from previous year

Number of cases registered during 2016

Number of cases with police during 2016 including B.F.

Number of cases withdrawn by the Government during investigation

Number of cases closed by Police after investigation

Cases in which charge sheets were not laid but final report as true submitted during the year

Number of cases charge sheeted in courts

Number of cases pending with police at the end of 2016

1. Andhra Pradesh 373 405 778 0 107 2 264 405

2. Arunachal Pradesh 1 0 1 0 0 1 0 0

3. Assam 0 1 1 0 0 0 1 0

4. Bihar 17 25 42 0 3 0 22 17

5. Chhattisgarh 53 402 455 0 2 1 393 59

6. Goa 5 11 16 0 0 2 6 8

7. Gujarat 39 281 320 4 7 6 237 66

8. Haryana 0 0 0 0 0 0 0 0

9. Himachal Pradesh 3 2 5 0 0 0 1 4

10. Jharkhand 331 280 611 0 20 54 170 367

11. Karnataka 170 371 541 0 50 4 301 186

12. Kerala 141 182 323 0 15 17 133 158

13. Madhya Pradesh 117 1823 1940 0 10 0 1795 135

14. Maharashtra 236 403 639 0 55 3 396 185

15. Manipur 4 1 5 0 0 1 1 3

16. Meghalaya 0 0 0 0 0 0 0 0

17. Mizoram 0 0 0 0 0 0 0 0

18. Nagaland 0 0 0 0 0 0 0 0

19. Odisha 389 681 1070 0 54 8 617 391

20. Punjab 0 2 2 0 0 0 0 2

21. Rajasthan 201 1195 1396 0 696 3 538 159

22. Sikkim 0 0 0 0 0 0 0 0

23. Tamil Nadu 8 19 27 0 1 0 19 7

24. Telangana 260 375 635 0 72 8 229 326

25. Tripura 1 3 4 0 0 0 1 3

126. Uttar Pradesh 1 4 5 0 0 0 4 1

27. Uttarakhand 3 3 6 0 0 0 3 3

28. West Bengal 163 83 246 0 0 8 136 102

29. A & N Islands 1 6 7 0 0 0 5 2

30. Chandigarh 0 0 0 0 0 0 0 0

31. D & N Haveli 8 2 10 0 0 1 0 9

32. Daman & Diu 0 0 0 0 0 0 0 0

33. Delhi 0 2 2 0 0 0 0 2

34. Lakshadweep 0 1 1 0 0 0 0 1

35. Puducherry 0 1 1 0 0 0 0 1

Total 2525 6564 9089 4 1092 119 5272 2602

Note:- The SCs and the STs (PoA) Act, 1989 does not extend to State of Jammu & Kashmir. Source: National Crime Records Bureau, Ministry of Home Affairs, Government of India, New Delhi.

ANNEXURE III (A) (Para 3.5)

STATE-WISE NUMBER OF CASES OF OFFENCES OF ATROCITIES AGAINST MEMBERS OF SCHEDULED CASTES WITH THE COURTS UNDER THE

SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 IN CONJUNCTION WITH THE IPC AND THEIR DISPOSAL DURING THE YEAR 2016 S.No. State/UT Number of cases in

Courts including B.F. in

2016

Cases Compounded or

withdrawn

Number of cases in which Number of cases pending with Courts at the end of

2016 Convicted Acquitted or Discharged

1. Andhra Pradesh 3583 10 31 948 2594

2. Arunachal Pradesh 0 0 0 0 0

3. Assam 4 0 0 0 4

4. Bihar 27740 0 204 922 26614

5. Chhattisgarh 1355 0 56 81 1218

6. Goa 33 0 1 12 20

7. Gujarat 7740 2 22 448 7268

8. Haryana 983 0 39 263 681

9. Himachal Pradesh 324 8 1 30 285

10. Jharkhand 1566 0 87 126 1353

11. Karnataka 7223 0 22 752 6449

12. Kerala 2244 0 13 152 2079

13. Madhya Pradesh 16225 342 886 1956 13041

14. Maharashtra 8647 14 106 865 7662

15. Manipur 3 0 0 0 3

16. Meghalaya 0 0 0 0 0

17. Mizoram 0 0 0 0 0

18. Nagaland 0 0 0 0 0

19. Odisha 7970 0 34 983 6953

29. Punjab 252 0 16 42 194

21. Rajasthan 13750 29 541 674 12506

22. Sikkim 2 0 0 2 0

23. Tamil Nadu 5050 1 76 904 4069

24. Telangana 2515 9 23 347 2136

25. Tripura 0 0 0 0 0

26. Uttar Pradesh 36315 47 1570 1243 33455

27. Uttarakhand 153 0 24 18 111

28. West Bengal 435 0 0 28 407

29. A & N Islands 0 0 0 0 0

30. Chandigarh 2 0 0 0 2

31. D & N Haveli 4 0 0 0 4

32. Daman & Diu 0 0 0 0 0

33. Delhi 196 0 0 6 190

34. Lakshadweep 0 0 0 0 0

35. Puducherry 2 0 0 0 2

Total 144316 462 3752 10802 129300

Note:- The SCs and the STs (PoA) Act, 1989 does not extend to State of Jammu & Kashmir. Source: National Crime Records Bureau, Ministry of Home Affairs, Government of India, New Delhi

ANNEXURE III (B) (Para 3.5)

STATE-WISE NUMBER OF CASES OF OFFENCES OF ATROCITIES AGAINST MEMBERS OF SCHEDULED TRIBES WITH THE COURTS UNDER THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 IN CONJUNCTION WITH THE IPC AND THEIR DISPOSAL DURING THE YEAR 2016 S.No. State/UT Number of cases in

Courts including B.F. in 2016

Cases Compounded or withdrawn

Number of cases in which Number of cases pending with Courts at the end of 2016 Convicted Acquitted or Discharged

1. Andhra Pradesh 709 2 2 173 532

2. Arunachal Pradesh 12 0 1 0 11

3. Assam 1 0 0 0 1

4. Bihar 269 0 5 6 258

5. Chhattisgarh 1554 0 78 149 1327

6. Goa 18 0 1 3 14

7. Gujarat 1840 0 1 109 1730

8. Haryana 0 0 0 0 0

9. Himachal Pradesh 10 0 0 0 10

10. Jharkhand 848 14 34 36 764

11. Karnataka 1434 0 0 190 1244

12. Kerala 561 0 4 45 512

13. Madhya Pradesh 5844 61 273 671 4839

14. Maharashtra 2520 4 21 238 2257

15. Manipur 2 0 0 0 2

16. Meghalaya 0 0 0 0 0

17. Mizoram 0 0 0 0 0

18. Nagaland 0 0 0 0 0

19. Odisha 3103 0 18 299 2786

20. Punjab 0 0 0 0 0

21. Rajasthan 3204 5 139 197 2863

22. Sikkim 0 0 0 0 0

23. Tamil Nadu 76 0 1 8 67

24 Telangana 729 2 12 144 571

25. Tripura 2 0 0 1 1

26. Uttar Pradesh 107 0 12 5 90

27. Uttarakhand 6 0 0 2 4

28. West Bengal 437 0 0 14 423

29. A & N Islands 35 0 0 2 33

30. Chandigarh 0 0 0 0 0

31. D & N Haveli 16 0 0 0 16

32. Daman & Diu 0 0 0 0 0

33. Delhi 7 0 0 1 6

34. Lakshadweep 0 0 0 0 0

35. Puducherry 0 0 0 0 0

Total 23344 88 602 2293 20361

Note: The SCs and the STs (PoA) Act, 1989 does not extend to State of Jammu & Kashmir. Source: National Crime Records Bureau, Ministry of Home Affairs, Government of India, New Delhi.

ANNEXURE-IV (Para 4.1.1)

DETAILS OF CENTRAL ASSISTANCE RELEASED TO STATE GOVERNMENTS /UNION TERRITORY ADMINISTRATIONS UNDER THE CENTRALLY SPONSORED SCHEME FOR IMPLEMENTATION OF THE

PROTECTION OF CIVIL RIGHTS ACT, 1955 AND THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 DURING 2016-17.

S. No. State/UT Central assistance released (Rs. in lakhs)

1. Andhra Pradesh 1892.73

2. Bihar 728.01

3. Chhattisgarh 274.97

4. Goa 13.80

5. Gujarat 1438.41

6. Haryana 458.55

7. Himachal Pradesh 281.74

8. Jharkhand 84.53

9. Karnataka 2933.46

10. Madhya Pradesh 4207.00

11. Maharashtra 1600.00

12. Odisha 1050.25

13. Punjab 265.00

14. Rajasthan 1400.00

15. Sikkim 17.00

16. Tamil Nadu 1724.77

17. Telangana 1147.86

18. Uttar Pradesh 2214.90

19. Uttarakhand 13.02

20. West Bengal 300.00

21. Chandigarh 10.00

22. Delhi 25.00

23. Puducherry 175.00

TOTAL 22256.00

Annexure –V (Para 4.1.2)

No. 11012/11/2005-PCR (DESK) Government of India

Ministry of Social Justice and Empowerment ***

Shastri Bhawan, New Delhi, Dated: 29th March, 2006

OFFICE MEMORANDUM Subject:- Constitution of Committee to review and monitor cases under the

Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

A Committee under the Chairmanship of the Hon'ble Minister for Social Justice & Empowerment is hereby constituted for effective coordination to devise ways and means to curb offences of untouchability and atrocities against Scheduled Castes and Scheduled Tribes and effective implementation of the Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Members of the Committee will be as follows:-

2. Non-official Members would be paid Traveling Allowance and Daily Allowance as admissible to the Joint Secretary to the Government of India. In case of travel by air, entitlement would be restricted to travel only by 'Economy Class' of Indian Airlines.

3. The Committee would meet twice in a year.

Sd/- (Sewa Ram)

Joint Secretary to the Government of India Ph. 23387269

1. Minister, Ministry of Social Justice and Empowerment.

Chairperson

2. Minister, Ministry of Tribal Affairs. Special Invitee

3. Secretary, Ministry of Social Justice and Empowerment.

Member

4. Secretary, Ministry of Home Affairs. Member

5. Secretary, Department of Justice, Ministry of Law and Justice.

Member

6. Secretary, Ministry of Tribal Affairs. Member

7. Secretary, National Commission for Scheduled Castes.

Member

8. Secretary, National Commission for Scheduled Tribes.

Member

9. Joint Secretary, (In charge of National Crime Records Bureau), Ministry of Home Affairs.

Member

10. Two non-official representatives from amongst Scheduled Castes.

Member

11. One non-official representative from amongst Scheduled Tribes.

Member

12. Joint Secretary (SCD), Ministry of Social Justice and Empowerment.

Member-Secretary

-2-

1. The Secretary, Ministry of Social Justice and Empowerment, New Delhi. 2. The Secretary, Ministry of Home Affairs, North Block, New Delhi. 3. The Secretary, Department of Justice, Ministry of Law and Justice, New Delhi. 4. The Secretary, Ministry of Tribal Affairs, New Delhi. 5. The Secretary, National Commission for Scheduled Castes, 5th Floor, Lok

Nayak Bhawan, New Delhi. 6. The Secretary, National Commission for Scheduled Tribes, 6th Floor, Lok

Nayak Bhawan, New Delhi. 7. The Joint Secretary (In charge of National Crime Records Bureau), Ministry of

Home Affairs, North Block, New Delhi. 8. PS to Minister, Ministry of Social Justice and Empowerment, New Delhi. 9. PS to Minister, Ministry of Tribal Affairs, New Delhi. 10. PS to Joint Secretary (SCD), Ministry of Social Justice and Empowerment,

New Delhi.

Annexure –VI

(Para 4.1.2)


Ministry of Social Justice and Empowerment

***

Shastri Bhawan, New Delhi,

Dated: 11-04-2011

OFFICE MEMORANDUM

Subject:- Committee constituted for effective coordination to devise ways and

means to curb offences of untouchability and atrocities against

Scheduled Castes/Scheduled Tribes and effective implementation of the

Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989… regarding

The undersigned is directed to refer to the subject noted above and to say that in

supersession of all previous O.M.s of this Ministry, this O.M. shall come into force with

immediate effect.

2. The composition of the Committee shall be as under:-

1. Minister for Social Justice and Empowerment. Chairperson

2. Minister for Tribal Affairs. Special Invitee

3. Minister of State for Social Justice & Empowerment Special Invitee

4. Secretary, Ministry of Social Justice and Empowerment. Member


6. Secretary, Department of Justice, Ministry of Law and

Justice.

Member


8. Secretary, National Commission for Scheduled Castes. Member

9. Secretary, National Commission for Scheduled Tribes. Member

10. Joint Secretary, in charge of National Crime Records

Bureau), Ministry of Home Affairs.

Member

11. Two non-official representatives from amongst Scheduled

Castes.

Member

12. One non-official representative from amongst Scheduled Tribes.

Member

13. Joint Secretary (SCD), Ministry of Social Justice and

Empowerment.

Member-Secretary

3. The Committee shall meet as often as necessary, but at least twice a year.

4. The appointment of non-official Members shall be for a period of three years, or

till further orders, whichever is earlier. They would be paid Traveling Allowance and Daily Allowance as admissible to the Joint Secretary to the Government of India.

5. This has approval of Minister for Social Justice & Empowerment, and

Chairperson of the Committee.

Sd/- (Sanjeev Kumar)

Joint Secretary to the Government of India

-2-

1. The Secretary, Ministry of Social Justice and Empowerment, Shastri Bhawan,

New Delhi. 2. The Special Secretary, Ministry of Social Justice and Empowerment, Shastri

Bhawan, New Delhi.

3. The Secretary, Ministry of Home Affairs, North Block, New Delhi.

4. The Secretary, Department of Justice, Ministry of Law and Justice, Jaisalmner

House, Man Singh Road, New Delhi.

5. The Secretary, Ministry of Tribal Affairs, Shastri Bhawan, New Delhi. 6. The Secretary, National Commission for Scheduled Castes, 5th Floor, Lok Nayak

Bhawan, New Delhi.

7. The Secretary, National Commission for Scheduled Tribes, 6th Floor, Lok Nayak

Bhawan, New Delhi.

8. PS to Hon'ble Minister (SJ&E), Shastri Bhawan, New Delhi. 9. PS to Hon'ble Minister for Tribal Affairs, Shastri Bhawan, New Delhi.

10. PS to Hon'ble MOS (SJ&E), Shastri Bhawan, New Delhi.

11. Joint Secretary (SCD), Ministry of Social Justice & Empowerment, Shastri

Bhawan, New Delhi

12. The Joint Secretary (In charge of NCRB), Ministry of Home Affairs, North Block,

New Delhi. 13. Dr. Dinesh Parmar, 9-Vardhman Market, Summair Club Road, Jamnagar-

361005, Gujarat.

14. Shri Radha Kishan Malviya, C/o Madhya Pradesh Harijan Sewak Sangh, 82/1,

Moti Tabela (Behind Collectorate), Indore, Madhya Pradesh.

15. Shri Bhusara Sunil Chandrakant, Chakradhar Krupa, At-Pimpalpada, Post –Hirave, Tal –Mokhada, District – Thane 401 604, Maharashtra.

.

Copy to:-

1. PAO/DDO/Cashier/Dealing Hand dealing with TA/DA.

2. All Bureau Heads, all Divisional Heads, Under Secretaries, Sections/Cells/Desk

etc in SCD Division.

Annexure –VII

(Para 4.1.2)


Ministry of Social Justice and Empowerment

***

Shastri Bhawan, New Delhi,

Dated: 03-06-2011

OFFICE MEMORANDUM

Subject:- Committee constituted for effective coordination to devise ways and

means to curb offences of untouchability and atrocities against

Scheduled Castes/Scheduled Tribes and effective implementation of the

Protection of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989… regarding

The undersigned is directed to refer to the subject noted above and to say that in

supersession of this Ministry's Office Memorandum of even number dated 11.04.2011,

the composition of the above mentioned Committee shall be as under: -

1. Minister for Social Justice and Empowerment. Chairperson

2. Minister of Tribal Affairs. Co-Chairperson

3. Minister of State for Social Justice & Empowerment Special Invitee

4. Minister of State for Tribal Affairs Special Invitee

5. Secretary, Ministry of Social Justice and

Empowerment.

Member


7. Secretary, Department of Justice, Ministry of Law and

Justice.

Member


9. Secretary, National Commission for Scheduled

Castes.

Member

10. Secretary, National Commission for Scheduled Tribes. Member

11. Joint Secretary, in charge of National Crime Records

Bureau), Ministry of Home Affairs.

Member

12. Two non-official representatives from amongst Scheduled Castes.

Member

13. One non-official representative from amongst

Scheduled Tribes.

Member

14. Joint Secretary (SCD), Ministry of Social Justice and

Empowerment.

Member-Secretary

2. The Committee shall meet as often as necessary, but at least twice a year.

3. The appointment of non-official Members shall be for a period of three years, or

till further orders, whichever is earlier. They would be paid Traveling Allowance and Daily Allowance as admissible to the Joint Secretary to the Government of India.

4. Details of Members presently nominated on the Committee with reference to Sr.

No. 12 & 13 of the table in para 1 above, are as under:-

(i) Representatives of SCs

Sr. No. Name Date of Nomination

1 Shri Radha Kishan Malviya 27.01.2010

2 Dr. Dinesh Parmar -do-

-2-

(ii) Representatives of STs

Sr. No. Name Date of Nomination

1 Shri Bhusara Sunil Chandrakant 04.01.2011

5. This has approval of Minister for Social Justice & Empowerment, and

Chairperson of the Committee.

Sd/-

(Sanjeev Kumar)

Joint Secretary to the Government of India

1. The Secretary, Ministry of Social Justice and Empowerment, Shastri Bhawan,

New Delhi.

2. The Special Secretary, Ministry of Social Justice and Empowerment, Shastri Bhawan, New Delhi.

3. The Secretary, Ministry of Home Affairs, North Block, New Delhi.

4. The Secretary, Department of Justice, Ministry of Law and Justice, Jaisalmner

House, Man Singh Road, New Delhi.

5. The Secretary, Ministry of Tribal Affairs, Shastri Bhawan, New Delhi.

6. The Secretary, National Commission for Scheduled Castes, 5th Floor, Lok Nayak Bhawan, New Delhi.

7. The Secretary, National Commission for Scheduled Tribes, 6th Floor, Lok Nayak

Bhawan, New Delhi.

8. PS to Hon'ble Minister (SJ&E), Shastri Bhawan, New Delhi.

9. PS to Hon'ble Minister of Tribal Affairs, Shastri Bhawan, New Delhi. 10. PS to Hon'ble MOS (SJ&E), Shastri Bhawan, New Delhi.

11. PS to Hon'ble MOS (Tribal Affairs), Shastri Bhawan, New Delhi

12. Joint Secretary (SCD), Ministry of Social Justice and Empowerment, Shastri

Bhawan, New Delhi.

13. The Joint Secretary (In charge of NCRB), Ministry of Home Affairs, North Block,

New Delhi. 14. Dr. Dinesh Parmar, 9-Vardhman Market, Summair Club Road, Jamnagar-

361005, Gujarat.

15. Shri Radha Kishan Malviya, C/o Madhya Pradesh Harijan Sewak Sangh, 82/1,

Moti Tabela (Behind Collectorate), Indore, Madhya Pradesh. 16. Shri Bhusara Sunil Chandrakant, Chakradhar Krupa, At-Pimpalpada Post –

Hirave, Tal –Mokhada, District – Thane 401 604, Maharashtra.

Copy to:- 1. PAO/DDO/Cashier/Dealing Hand dealing with TA/DA.

2. All Bureau Heads, all Divisional Heads, Under Secretaries, Sections/Cells/Desk

etc in SCD Division.

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